Christian Louboutin and Yves Saint Laurent went back to court yesterday to try and settle the issue of the right to use the red sole. Though the issue is far from settled, yesterday’s proceedings was to figure out whether a ruling made last August by Judge Victor Marrero of the Manhattan Southern District courts to deny Louboutin’s preliminary injunction to prevent YSL from selling it’s red soled shoes was correct. Judges José Cabranes, Chester Straub and Debra Livingston presided over the case and asked some hard hitting questions to both parties.
Louboutin, who trademarked his iconic red sole (Chinese red) in 2008, was present in the courtroom with his lawyers, while YSL sent its attorneys to fight for them. CFDA president Diane von Furstenberg also attended the hearing to support Louboutin, who is also represented by her attorney Harley Lewin of McCarter & English LLP.
“I was impressed by the way the judges ran the hearing,” Louboutin said. “The company remains confident that the appeals court will adhere to its conviction that the red sole, this integral and long-held part of the brand’s identity and recognized by consumers worldwide, will continue to be recognized as the Christian Louboutin trademark.”
The judges will discuss the proceedings and make a determination whether to throw out Judge Marrero’s ruling. If thrown out, both parties will start preparing for a real trial.