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Christian Louboutin Ambro Lace Peep-Toe Pumps Black

The company was seeking more than $1million damages claiming another luxury designer was ‘copying’ its shoes’ most distinctive characteristic – the red sole.
Christian Louboutin Ambro Lace Peep-Toe Pumps Black
But last month in the case of Christian Louboutin Chanel 1117 Classical Lambskin 2.55 Flap Bag vs Yves Saint Laurent, the plot thickened when it emerged that YSL had decided to counter-sue Louboutin stating that the French designer had no right to monopolize a colour.

Now it seems that the judge has sided with Louboutin refusing to accept arguments submitted by YSL as the two fashion labels battled it out in a New York courtroom last week.
Celebrity favourite: Kim Kardashian heads to a photoshoot in Malibu wearing Christian Louboutin Studded with Bow tie black heels

Both parties submitted documents stating their position with YSL additional articles – including a chart depicting its red-soled shoe designs since 2004 – which the presiding judge Victor Marrero, deemed invalid.

Lawyer, David Bernstein also raised smiles as he argued that his client, YSL had been using red as a signature colour since it began in 1962 and that even King Louis XIV of France and Dorothy from the Wizard of Oz had worn red-soled shoes.

But Louboutin’s lawyer argued these were unreliable findings and judge Marrero agreed.

Louboutin was originally seeking an injunction to stop YSL producing red-soled shoes for its 2011 cruise collection.

But the French label fought back stating that Louboutin – which claim to have been awarded an official trademark for the red sole in 2008, – have no right to monopolize a colour for their product.

Red alert: YSL decided to counter-sue Chrisitan Louboutin for claiming the red sole is trademarked and taking legal action against them

Christian Louboutin

Outraged: Christian Louboutin claims his red soles are trademarked

The lawyer for YSL, David Bernstein had said: ‘Louboutin’s trademark should have never been granted.

‘We just don’t think that any fashion designer should be able to monopolize any colour.’

YSL alleges that Mr Louboutin was fraudulent in his trademark application claim that he had ‘exclusive’ use of the red sole.

The luxury shoe makers responded, saying it is Chanel 1117 Classical Lambskin 2.55 Flap Bag only one specific shade of red that they are claiming the rights to.
Unless you are living in a cave, the consumer most definitely recognizes a red-soled shoe as a Louboutin

A spokesman said: ‘Unless you are living in a cave, the consumer most definitely recognizes a red-soled shoe as a Louboutin.

‘We are not claiming to own every red under the sun. There’s a particular red that Christian uses on his shoes, a bright, lacquered red

‘We aren’t saying burgundy or orange-red, we aren’t saying pink. We don’t own any other red but that red.’

According to court papers filed last month, Christian Louboutin had also obtained evidence from a private investigator stating that Christian Dior was planning to launch a collection of red shoes with red soles.

A Dior spokesperson denied these claims telling WWD: ‘Christian Dior does not manufacture and sell any shoes with a red sole.’

It is not known when a verdict on the case will be reached as judge Victor Marrero has asked for more time.

Filed: Arts & Entertainment