Last week, Judge Victor Marrero ruled that Louboubtin 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.
Following the ruling, YSLs lawyer said that the company would request a summary judgement, which Judge Marrero said could lead to the cancellation of Louboutins 2008 trademark for exclusive rights to red soles.
But Louboutins lawyer, Harley Lewin of New York firm McCarter & English, said Louboutin planned to file an appeal and move against calls for summary judgments.
Waiting for the final order is an exercise in futility, although were going to fight like hell, Lewin told WWD. He said Louboutin is worried about retailers stocking red-soled shoes before the matter is resolved. They will think it is open season and it is not by any stretch of the imagination.
The next hearing in the case is scheduled for this Thursday, August 19.
Read about Judge Marrero's decision
Find out why YSL says Louboutin doesn't own red soles