Under a new ruling, Louboutin's red bottom trademark applies to all of his designs, except for all-red shoes, which gives YSL the right to continue to sell their monochrome pump.
"[The court has] conclusively ruled that YSL’s monochromatic red shoes do not infringe any trademark rights of Louboutin, which guarantees that YSL can continue to make monochromatic shoes in a wide variety of colors, including red."
Christian's lawyer, Harley Lewin was also happy with the outcome of the case, saying:
"The two key elements we sought answered were that color can be a trademark in the fashion industry and that our trademark is valid and enforceable — thank God."
Judge Marrero previously noted no one should have a "monopoly" on a specific color, but the appeals court found the judge failed to recognized that the public associated red outsoles with Louboutin, and "secondary meaning" is vital in trademark cases.
Even though YSL can continue to sell the shoes that sparked the lawsuit in the first place, we're happy to hear that Christian finally got his trademark wish on his red-soles, even if he does have to share his symbol with all-red shoes!
[Image via WENN.]