Christian Louboutin Recruits DVF in Trademark Case Against YSL
Jan 25, 2012 - by Lester Brathwaite
The Christian Louboutin-Yves Saint Laurent red-sole trademark battle is still raging on. Well, perhaps "raging" isn't the right word...teetering on, if you will. Yesterday Diane von Furstenberg lent her support to the couture cobbler in the Manhattan courtroom where he sat before three Appeals Court judges to determine the fate of his sole.
First things first, let's talk about what DVF was wearing. According to WWD, von Furstenberg "swooped into the courtroom wearing gold-rimmed aviators and a long black sparkly knit sweater over an off-white turtleneck and black skirt." Legal. Ease.
Anyhoo, back in August, Judge Victor Marrero, a Manhattan Southern District judge, denied Louboutin a preliminary injunction that would have stopped YSL from selling its monochromatic red pump from its 2011 resort collection, and further questioned the validity of Louboutin's trademarked red sole. Marrero ruled that no designer could have a monopoly on any one color.
Louboutin's lawyer -- who also happens to be DVF's lawyer -- Harley Lewin claimed that Marrero misjudged the case by assuming Louboutin meant every shade of red and not the Chinese red he had trademarked in 2008. YSL's lawyer, a David Bernstein, argued that YSL's monochromatic pumps are integral to the brand's DNA, adding, "We dont want to find out we cant make red shoes.
While the judges openly criticized Marrero's opinion and the findings on which it was based, there's no guarantee they'll overturn his verdict. If they do, however, it's back to court for both parties. I'm hoping for another trial if only for another DVF cameo. What will she wear?! Perhaps a YSL le smoking and a Louboutin strapless...you know, for kicks. [WWD]