Christian Louboutin is kicking up his heels after a Manhattan appeals court today unanimously upheld his trademark on red-soled women’s shoes.
The US Second 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 (also known as the ‘upper’).”
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 appeals 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 luxury 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,” but noted that the 31-page ruling “will need some serious study.”
YSL lawyer David Bernstein said, “We are happy to have achieved a victory in defending against Louboutin’s lawsuit,” adding: “YSL will continue to produce monochromatic shoes with red outsoles, as it has done since the 1970s.”