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| Photo Credit: Mark Lennihan |
And the feud continues!
According to WWD, on Tuesday, December 27, 2011, Yves Saint Laurent's legal team filed its response in Christian Louboutin's red-sole trademark appeal, maintaining its position saying that the patent should never have been granted initally. The now-cumbersome case is set to continue through 2012, and both sides, unrelenting as they are, will most likely refuse to concede.
In April 2011, Louboutin filed a $1 million trademark infringement suit against Yves Saint Laurent, over four offending shoe designs from YSL's Cruise 2011 Collection: the Tribute, Tribtoo, Palais, and Woodstock. The reason being that the monochromatic designs included a red sole, which was patented by Louboutin in 2008.
YSL then retorted with a counterclaim seeking a cancellation of the red-sole trademark, claiming that it should never have been issued in the first place.
In late July, the two parties went to court, carrying dozens of shoes before New York Southern District Judge Victor Marrero. In August, Marrero denied Louboutin's request for a preliminary injunction and furthermore suggested that the red-sole patent should never have been issued to Louboutin in the first place.
Louboutin's legal team appealed the court's ruling and even received the support of Tiffany & Co. The luxury jewelry company filed an amicus brief supporting Louboutin, arguing that the court should rule in favor of the red sole trademark. However, despite Louboutin's desperate attempts to maintain its patent, it appears that YSL will not budge. Its response on Tuesday only reaffirmed that this battle will continue through the New Year.
A hearing is scheduled for January 24, 2012.
