|Christian Louboutin 'Catch Me Brode' boots, $2995 from the brand's Fall/Winter 2011 collection.|
Christian Louboutin fought hard for Red Sole Battle with Yves Saint Laurent for accusing the latter of using Louboutin's signature red sole on YSL's red 'Palais' platform peep toes. Today, the New York City court denied injunction over YSL because, as Judge Marreto said:
“Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin 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."
|The sole in question, YSL 'Palais' peep toe platform pumps.|
Mr. Louboutin was disheartened of the preliminary decision, said his lawyer. But, the battle isn't over yet and in case Louboutin wins this case, YSL will have to pay more than $1 million in damages.