Louboutin Forges Ahead With Trademark Battle

After the French court of final appeal earlier this week rejected Louboutin’s claim that the red sole on a pair of Zara peep-toe, slingback heels infringed its trademark, the company released a statement on Thursday to counter perception that this decision affects its trademark in other countries.

“Recent commentary in various articles from newspapers and blogs regarding the French court decision in the Zara case … either implies or states that through this ruling we have lost our rights to our world-famous red-sole trademark. We would like to clarify that what has been disputed and canceled is only one French registration of the trademark,” the firm said.
It added, “Christian Louboutin continues to own valid and enforceable trademark rights … throughout the world. A number of court decisions have recognized the strong association between Christian Louboutin and the [red sole], including in France. Christian Louboutin will continue to protect and enforce its rights [the trademark].”

Separately, Christian Louboutin’s lawsuit against Yves Saint Laurent America Inc. for infringing on the red-sole trademark in its resort ’11 collection is ongoing. The Manhattan Court of Appeals’ decision on whether to grant a preliminary injunction against YSL’s sale of the allegedly infringing shoes is expected this summer.

After that decision, the case of whether to enforce or cancel the red-sole trademark in the U.S. will continue in New York.

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