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Christian Louboutin to appeal after rival YSL wins right to sell shoes with red soles while court battle continues | Daily Mail Online christian louboutin sale shoes saks

Christian Louboutin to appeal after rival YSL wins right to sell shoes with red soles while court battle continues By Tamara Abraham for MailOnline Updated: 11:31 EDT, 15 August 2011

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Christian Louboutin is planning to appeal after a New York court ruled that rival Yves Saint Laurent could also sell shoes with red soles.

The footwear designer, whose creations are a favourite with stars including Kate Moss, Kim Kardashian and Victoria Beckham, was denied an injunction against the luxury label last week.

YSL may now manufacture its own red-soled designs, which form part of its 2011 cruise collection, while the court battle continues .

Seeing red: Yves Saint Laurent has been accused of 'copying' Christian Louboutin's signature laquered sole (right) in its 2011 cruise collection (left)

Christian Louboutin had been seeking more than $1million damages over claims that its distinctive red lacquered sole had been 'copied' by other brands, including YSL.

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The lawsuit, which was first filed in April this year, claims that YSL’s sale of lookalike shoes in zyxgwwxs. christian louboutin shoes outletManhattan stores such as Saks Fifth Avenue, Barneys and Bergdorf Goodman was ‘likely to cause and is causing confusion, mistake and deception among the relevant purchasing public.'

Trademark? Christian Louboutin says he came up with his red sole signature nearly 20 years ago

The Parisian shoemaker, who cited four new YSL designs in the suit, has asked the court to order his rival to stop manufacturing similar products.

But Judge Victor Marrero said in his ruling last week that a win for Mr Louboutin could stifle art and commerce by putting a restriction on a particular colour.

He wrote: '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.'

Mr Louboutin's lawsuit, which was filed in April, states that he came up with his red sole signature nearly 20 years ago, when he painted red nail polish on the black soles of a pair of women's shoes.

It read: 'Mr Louboutin is the first designer to develop the idea of having red soles on women's shoes.

'The location of the bright colour on the outsole of a woman’s pump is said to provide an alluring "flash of red" when a woman walks down the street, or on the red carpet of a special event.'

Celebrity favourites: Kim Kardashian (left), Renee Zellweger (centre) and Miranda Kerr (right) are all fans of Christian Louboutin heels

But last month YSL decided to counter sue, stating that the Christian Louboutin, which claims to have been awarded an official trademark for the red sole in 2008 , had no right to monopolise a colour.

YSL's legal team said: 'Louboutin’s trademark should have never been granted.

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

Last week, it appeared that Judge Victor Marrero had sided with Mr Louboutin's lawyers, when he refused to accept arguments submitted by YSL.

Shared retailers: Christian Louboutin's lawsuit claims that YSL's sale of lookalike shoes in New York stores such as Saks Fifth Avenue was 'causing confusion'

YSL's lawyers argued that the label had been using red as a signature colour since it launched in 1962, and that even King Louis XIV of France and Dorothy from the Wizard of Oz had worn red-soled shoes.

But lawyers for Christian Louboutin argued that these were unreliable findings and Judge Marrero agreed.

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

Both parties have been ordered back to court later this week.


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More Louboutin sale at Saks! PurseForum Forums Shoes, Shoes, Shoes Christian Louboutin #1 Jul 3, 2007 ylime Member Thread Starter Jun 8, 2007 445 Posts I stopped by Saks the other day, and found a few pairs of Louboutins on sale. Best part? There's an additional 33% off the price for the second-cut sale price. The ones I saw were (not my pictures, all from eBay ): Ernesta peep-toe in yellow patent only (other colors were regular price). $367 ($477 first-round sale) *NM had these in fuschia patent, for around $450. Espadrille (navy only). Around $180 something? Pigalle 100 (white patent only). $252 ($377 first-round sale). Best $250 ever spent. As far as sizing goes, I had to size up a full size for the Ernesta (and even then, the toe area was still a bit narrow), the espadrilles were TTS, and I sized up 1/2 a size for the Pigalle (if it were leather, I'd be TTS). Hope this helps!   #2 Jul 3, 2007 dls80ucla Member Dec 12, 2006 1,345 Posts which Saks ? i was just at the BH store and they were beyond wiped out.   #3 Jul 3, 2007 jessdressed Member Feb 9, 2006 2,138 Posts Those are great deals!! Which Saks ?   #4 Jul 3, 2007 ylime Member Thread Starter Jun 8, 2007 445 Posts This is at the Fashion Mall in Vegas. I stopped by while I was there for the weekend. Maybe get them to ship it? I know they had a 38, 38.5, and 39 for both Ernesta and Pigalle because I tried them all on. I wanted the yellow patent, but couldn't bring myself to spend $350 on a pair of yellow pumps.   #5 Jul 3, 2007 angel81chick Member Jan 25, 2007 728 Posts Corporate Slave Hopefully they will have some fabulous shoes when i go next week... I did go to the one at SCP in the OC and they still had an OK selection, nothing to drive out for, but if you are already in the neighborhood, why not?   #6 Jul 3, 2007 whiteorleander Member Sep 19, 2006 523 Posts the espadrille look really crazy with the enormous platform, but still amazing. for only 180?? grrr damn why don´t i live in the us? congrats to you white louboutins, they are adorable!!!   #7 Jul 3, 2007 shoegal11 Member Nov 6, 2006 274 Posts Just ordered the yellow ernesta's ... I have the leopard ones and I love them!!!! THANK YOU SO MUCH!!!!!!   #8 Jul 3, 2007 92683 Guest actually, Neimans has the HOT PINK PATENT ernestas for a mere $321.00. Nm and saks have different shoes on sale and both have different pricing..sometimes NM has better deals then saks and visa versa.   (You must log in or sign up to post here.) Show Ignored Content Log in with Facebook Your name or email address: Do you already have an account? No, create an account now. Yes, my password is: Forgot your password? Stay logged in PurseForum Forums Shoes, Shoes, Shoes Christian Louboutin