French luxury fashion house Yves Saint Laurent (YSL) wants to end its dispute with Paris-based shoe designer Christian Louboutin and his company, Louboutin SA, once and for all.
Louboutin sued YSL in April 2011, claiming YSL’s all-red shoes infringed Louboutin’s famous red-soled shoes, which the company began selling in 1992 and patented in 2008. In September, the 2nd Circuit found that Louboutin is entitled to trademark protection for its red-soled shoes but only has the right to trademark red soles that contrast with the rest of the shoe, meaning YSL can continue selling its monochromatic shoes. The 2nd Circuit remanded the case back to the district court for more proceedings, including consideration and counterclaims from YSL.
But in a filing yesterday, YSL asked a federal judge to dismiss its remaining counterclaims against Louboutin in their epic battle over the right to the color red. YSL is asking the judge to dismiss the six counterclaims without prejudice, meaning the company could bring the same claims in the future.
“Now that the Court of Appeals has definitively ruled for Yves Saint Laurent and has dismissed Christian Louboutin’s claims, Yves Saint Laurent has decided to end what was left of the litigation and refocus its energies on its business and its creative designs,” YSL said in a statement. “By dismissing the case now, Yves Saint Laurent also wishes to ensure that the court will not make any further rulings that put at risk the ability of fashion designers to trademark color in appropriate cases.”
Read Bloomberg Businessweek for more information about the footwear fiasco.
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