YSL Drops Red-Sole Suit Against Louboutin

The legal battle which began in 2011 when Louboutin sued YSL for trademark infringement when its rival sold red pumps with a red sole is officially over. YSL has decided to drop all remaining claims in the lawsuit. This comes a month after the Court of Appeals ruled in favor of Louboutin's famous trademark, stating that "the district court’s conclusion that a single color can never serve as a trademark in the fashion industry was based on an incorrect understanding of the doctrine of aesthetic functionality" and that color can indeed be trademarked. However, the court narrowed the trademark by creating an exception for YSL to make and sell monochromatic red-soled shoes. It seems as though YSL's legal team were happy with this ruling, releasing the following statement: 

"Now that the Court of Appeals has definitively ruled for Yves Saint Laurent and has dismissed Christian Louboutin’s claims, Yves Saint Laurent has decided to end what was left of the litigation and refocus its energies on its business and its creative designs. By dismissing the case now, Yves Saint Laurent also wishes to ensure that the Court will not make any further rulings that put at risk the ability of fashion designers to trademark color in appropriate cases.”

With all the excitement surrounding the validation of Louboutin's trademark, many didn't take notice that YSL also saw the ruling as a victory since it supported what was their position all along, which was to distinguish their monochromatic red shoes with Louboutin's trademark of contrasting the red-sole with the rest of the shoe. Now that the exception provided by the Court's ruling supports YSL's design as well, all fashion parties seem to be happy and all is good in the fashion law world. 

Comments

[LDS]

I'm not sure I'd view this as a victory if I were Louboutin. The ruling opens up the right for everyone to make red-soled shoes (as long as the entire shoe is red). I can't imagine Louboutin is thrilled about that....