Battle over red soles Yves Saint Laurent dismissed its remaining claims in a dispute with French shoemaker Christian Louboutin over the use of colour red to coat the bottoms of pricey, high-heeled shoes. The move by the French luxury goods maker comes after a federal appeals court said in September that Louboutin had the exclusive right to use a shade it calls “China Red” to paint the soles of its women’s high heels, except when the shoe itself is red.
The US Court of Appeals in New York, in a mixed decision, said Louboutin had a limited right to the trademark but couldn’t stop Saint Laurent from selling monochromatic red shoes.
“Now that the Second Circuit has definitively rejected Louboutin’s claims against YSL, who now prefer to refocus their energy on business and creative designs, and have determined that these claims are no longer worth pursuing,” Yves Saint Laurent said in the filing.
US District Judge Victor Marrero in August 2011 rejected a bid by Louboutin for an injunction to stop Saint Laurent from selling the shoes. Louboutin appealed and Marrero said he would defer deciding whether to cancel Louboutin’s trademark for the red sole until after the appeals court ruled. The appeals court said Louboutin’s trademark didn’t extend to all-red shoes.
Harley Lewin, who represented Louboutin, said they are reviewing their options, but likely won’t oppose the motions. “This comes as no surprise,” he said.