The re-posting of this analysis is part of a collaboration with Ashlee Froese.
It appears that fashion’s most infamous case has finally come to a close. Both parties seemingly came away from the Appeal decision satisfied: Christian Louboutin’s trade-mark registration remained valid and exclusivity was maintained with respect to red soles with contrasting shoes; Yves Saint Laurent was found not to infringe with respect to its red shoes, red soles colour configuration.
If you want to read up on the Christian Louboutin v. Yves Saint Laurent case, you’ll find a full summary here and here.
As of today (October 16), Yves Saint Laurent has filed submissions with the Appeals court seeking it dismiss its various counterclaims against Christian Louboutin. It appears that both parties are intent on putting this matter behind them and continue to focus on their respective businesses.
Ashlee Froese is a branding and fashion lawyer at Gilbert’s LLP and runs the fashion law website www.canadafashionlaw.com. Follow her on twitter @brandfashionlaw.
