Louboutin Camp Files Appeal

After a brief break to regroup, Christian Louboutin’s lawyers have returned to the legal arena by filing a brief with New York’s Court of Appeals.

<p>Christian Louboutin shoes</p>
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After a brief break to regroup, Christian Louboutin’s lawyers have returned to the legal arena by filing a brief with New York’s Court of Appeals.

The shoe designer’s legal team is making a case against an earlier decision, in which a New York judge declined to grant the fashion house an injunction against the sale of Yves Saint Laurent’s red-soled pumps. Judge Victor Marrero went one step beyond the injunction denial, questioning the very validity of Louboutin’s three-year trademark on red soles.

When Marrero passed down his judgment in August, Louboutin’s counsel said his client was ‘profoundly disappointed’ in the judge’s decision and promised that the designer would ‘evaluate all the alternatives available’.

The brief filed on Monday restates the Louboutin camp’s previous arguments. It also claims that Judge Marrero made ‘errors of law in determining that Louboutin’s red outsole mark was likely invalid,’ .

‘[O]nly public recognition can breathe life into another mark, whether it be a single color, several colors or another design element,’ the brief read.

The court is waiting for filings from YSL. Louboutin’s lawyer said he anticipated a ruling in early spring 2012, if not sooner.

Read about earlier rounds in Louboutin v YSL

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