Christian Louboutin is kicking up his heels after a Manhattan appeals court yesterday unanimously upheld his trademark on red-soled women’s shoes.
The 2nd US Circuit Court of Appeals reversed a ruling that gave the boot to the famed French fashionista’s claim that his distinctive design — beloved by celebs including Beyonce and Sarah Jessica Parker — deserved protection from copycats.
But the 3-0 decision carved out a wedge for Louboutin’s competitors, saying his trademark was limited “to uses in which the red outsole contrasts with the remainder of the shoe.”
That means the French fashion house Yves Saint Laurent — which Louboutin had sued for trademark infringement — can keep selling its all-red shoes with matching soles.
The court also gave YSL a toehold to continue pressing counterclaims in which it seeks to cancel Louboutin’s 2008 trademark and secure damages for alleged interference with its business.
YSL says it was making “monochrome” shoes long before Louboutin began painting the outsoles of his footwear — which routinely commands more than $1,000 a pair — with glossy red lacquer in 1992.
Louboutin lawyer Harley Lewin said the designer’s firm was “enormously pleased” that its trademark was found “valid and enforceable.”
YSL lawyer David Bernstein also declared “total victory,” noting that “all of Louboutin’s claims against YSL have been conclusively dismissed.”
Bernstein said YSL would likely drop its efforts to cancel Louboutin’s trademark “as long as we have no threat from them,” but may still seek damages.