In the lawsuit filed in April, Louboutin alleged that shoes YSL created for Resort ’11 infringed on the red-sole trademark that Louboutin secured in 2008.
For Friday’s hearing, held to decide whether YSL could continue selling the shoes as the course is decided, lawyers from both camps brought examples of footwear styles into Judge Vincent Marrero’s court. WWD reported that red footwear was strewn throughout the room, even ‘brandished’ by YSL’s attorney David Bernstein.
Bernstein argued that YSL has used red as a signature colour since 1962, and that characters as various as King Louis XIV of France and Dorothy from the Wizard of Oz wore red-soled shoes (courtroom snickers ensued). He said that no designer has the right to ‘a monopoly’ on a colour, questioning why the trademark was ever granted.
Louboutin’s legal representatives said that the failure to grant an injunction would cause ‘irreparable harm’ to the brand, as third parties would start churning out red-soled styles with abandon.
After declining to rule on the case in situ, Marrero stood to exit the courtroom. His parting words? ‘Nice shoes,’ he said, reportedly with a smile.
The hearing resumes today.