Louboutin plans to 'fight like hell' against YSL ruling

It isn't over yet: Christian Louboutin plans to appeal a New York judge’s decision not to grant the shoe brand an injunction to prevent Yves Saint Laurent from selling red-soled shoes through the duration of the two brands’ court case, reported WWD.

<p>Louboutin shoes</p>

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, YSL’s lawyer said that the company would request a summary judgement, which Judge Marrero said could lead to the cancellation of Louboutin’s 2008 trademark for exclusive rights to red soles.

But Louboutin’s 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 we’re 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

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