LOUBOUTIN IS ENTITLED TO ITS TRADEMARK ON RED SOLES, EXCEPT WHEN THE ENTIRE SHOE IS RED

Source: saksfifthavenue.com
Just in time for Fashion Week, a New York federal court of appeals announced its "win-win" decision of the appeal filed by Louboutin in the dispute against YSL, as reported by WWD, Forbes.com and the Huffington Post.  The court ruled that Louboutin retains the exclusive right to use the color red on the bottom of its shoes whenever the outer portion of the shoe is any color besides red.  

Louboutin's attorney Harley Lewin celebrated today's decision and stated that he was "tremendously pleased" with the outcome.  

YSL's attorney David Bernstein equally claimed victory and said that the decision “is a complete win for YSL.  The Court has conclusively ruled that YSL’s monochromatic red shoes do not infringe any trademark rights of Louboutin, which guarantees that YSL can continue to make monochromitic shoes in a wide variety of colors, including red”.

The case will now return to the lower court for review by a trial judge. 



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