Luxury footwear designer Christian Louboutin is to appeal against last week’s ruling by a US federal judge that denied a temporary ban on the sale of red-soled Yves Saint Laurent shoes, according to reports.
“We’re going to fight like hell,” Christian Louboutin’s lawyer, Harley Lewin of McCarter & English, told reporters in response, adding that Louboutin was concerned about an influx of red sole copycats as a result.
An appeal will be filed on Friday.
Christian Louboutin first sued YSL in April, claiming that YSL had infringed the 2008 copyright on his trademark red-soled shoes by introducing red soles to its own footwear line.
In July Christian Louboutin sought the temporary ban of YSL’s cruise footwear collection until the two companies resolved their ongoing court dispute. Last week New York based judge Victor Marrero denied Christian Louboutin’s request arguing that to place restrictions on a single shade could limit art and commerce.
YSL has argued its right to use red-soled shoes, and also questioned Christian Louboutin’s right to trademark the signature red sole. Earlier last week the company said it plans to request a summary judgement, which Marrero has indicated could lead to the cancellation of Christian Louboutin’s trademark rights on red soles altogether.
Lewin said Christian Louboutin will also oppose a summary judgement.
A hearing has been scheduled for August 19.