As previously discussed here Christian Louboutin S.A. (“Louboutin”) sought a preliminary injunction to prevent Yves Saint Laurent America, Inc. (“YSL”) from marketing any shoes that use the same or a confusingly similar shade of red as that protected by its trademarked red-sole footwear.
The Court denied the request for a preliminary injunction. The judge explained that “[b]ecause in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the Court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.” You may read the Order at the above link. Further, the Court noted that they would rule in YSL's favor on summary judgment should YSL move to invalidate Louboutin's Red Sole Mark.
The denial of a preliminary injunction permits YSL to continue to market their own red-soled shoes as the case continues.
After the Court’s denial of the preliminary injunction, Louboutin. filed a Notice of Appeal with the U.S. District Court. We will continue to monitor and report on developments in this case.