After a brief break to regroup, Christian Louboutins lawyers have returned to the legal arena by filing a brief with New Yorks Court of Appeals.
The shoe designers 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 Laurents red-soled pumps. Judge Victor Marrero went one step beyond the injunction denial, questioning the very validity of Louboutins three-year trademark on red soles.
When Marrero passed down his judgment in August, Louboutins counsel said his client was profoundly disappointed in the judges decision and promised that the designer would evaluate all the alternatives available.
The brief filed on Monday restates the Louboutin camps previous arguments. It also claims that Judge Marrero made errors of law in determining that Louboutins 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. Louboutins lawyer said he anticipated a ruling in early spring 2012, if not sooner.