Both Sides Claim Victory in 2nd Cir. Case, Louboutin v. YSL, on Red-Soled Shoe Mark

Both parties claimed victory in the U.S. Court of Appeals for the Second Circuit’s Sept. 5 determination that Christian Louboutin’s trademark on red-soled shoes was valid and that Yves Saint Laurent’s monochrome red shoe did not infringe the registered mark (Christian Louboutin S.A. v. Yves Saint Laurent America Holding Inc., 2d Cir., No. 11-3303-cv, 9/5/12; 172 DER A-17, 9/6/12).

“We are absolutely thrilled with the court’s decision,” David H. Bernstein of Debevoise & Plimpton in New York, who argued the case on behalf of YSL, told BNA.

Bernstein said that the ruling went beyond his expectations. Rather ...