YSLs lawyers said Louboutin
didnt invent red soles, and that his brand cannot therefore litigate against any other fashion houses using the bright accent.
Red outsoles are a commonly used ornamental design feature in footwear, dating as far back as the red shoes worn by King Louis XIV in the 1600s and the ruby red shoes that carried Dorothy home in The Wizard of Oz, YSL
said in court filings, adding that it has sold shoes with red soles since the 1970s
And the sting: As an industry leader who has devoted his entire professional life to women's footwear, Mr Louboutin either knew or should have known about some or all of the dozens of footwear models that rendered his sworn statement false.
Ouch! In a final flourish, YSL also accused Louboutin of mounting the lawsuit
as part of an anti-competitive campaign aimed at pressuring exclusive retailers to pull rivals shoes off the shelves.
But heres the thing: Louboutin does possess a US trademark protecting its red soles as the companys sole intellectual propertya trademark that Louboutin has successfully defended on other occasions.
Louboutin brought the suit against YSL last month in an attempt to halt the brands American operations from selling red-soled shoes in stores that stock his designs. He is seeking more than $1m in damages. If we had to bet our favourite red-soled shoes on the outcome of this case, wed have to stick with Loub. Stay tuned...