The dispute between luxury footwear designer Christian Louboutin and Yves Saint Laurent over the use of red-soled shoes was heard yesterday at the appeals court in New York.
The appeal, which took place at Manhattan’s Daniel Patrick Moynihan courthouse yesterday afternoon, was lodged by Louboutin last August when US federal judge denied a temporary ban on the sale of red-soled Yves Saint Laurent shoes.
At the time, Louboutin’s lawyer Harley Lewin of McCarter & English, told reporters: “We’re going to fight like hell.”
At the appeal hearing yesterday, Lewin told the appeal court judges: ““We don’t claim anything but the mark as it is registered.”
In response Yves Saint Laurent’s lawyer David Bernstein said: “We make monochrome shoes. We don’t want to find out we can’t make red shoes.”
It is up to the appeal court judges to decide whether the ruling made by New York judge Victor Marrero in August still stands.
At the time Marrero denied Louboutin’s request arguing that to place restrictions on a single shade of red 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.
No timescale for the verdict of the appeal hearing has been given.