Luxury footwear designer Christian Louboutin has had his lawsuit against Yves Saint Laurent placed on hold.
According to reports, the New York judge who is overseeing Louboutin’s lawsuit against Yves Saint Laurent, decided on Friday to put the case on hold until the appeals court can rule on his preliminary injunction decision.
This news comes after a ruling on August 15, by the judge, that denied a temporary ban on the sale of red-soled Yves Saint Laurent shoes. At the time of that ruling Louboutin vowed to file an appeal while his lawyer, Harley Lewin of McCarter & English, said: “We’re going to fight like hell.”
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.
As part of the court’s recent ruling on August 15 was the speculation that the red-sole Louboutin trademark should be cancelled altogether.
On Friday, both sides appeared before the judge in a case management hearing, so that Louboutin could prove that the red sole trademark is integral to its brand and that the color red is more than simply decorative.
Lawyers for Louboutin argued that it would be able to accomplish this in discovery.
As a result Judge Victor Marrero said he felt it would make more sense for the Court of Appeals to wrestle with his recent ruling first, before he considered canceling the plaintiff’s trademark altogether.
According to reports, the appeal court may be likely to put Louboutin’s case on the fast track, which means a decision could be due in the next few weeks.