This September, a New York federal appeals court upheld the previous ruling, backing Yves Saint Laurent’s right to sell its all-red shoe. The court even went further by narrowing Louboutin’s trademark: the footwear brand’s competitors are now barred from manufacturing shoes with a red sole only when the upper is in a contrasting color.
Today, YSL moved to withdraw its counterclaims against Louboutin. Yves Saint Laurent attorney David H. Bernstein told The Fashion Spot his client was “thrilled” with the court’s earlier decision and that since “there’s no case for an injunction at all,” it doesn’t matter to Yves Saint Laurent’s business whether or not they cancel the Louboutin trademark entirely. According to the press briefing, YSL made the decision to terminate the counter-litigation so it could “refocus its energies on its business and creative designs.”
“A litigation is a terribly disruptive thing,” Bernstein told us, “It’s a distraction for everyone*. Parties are deposed so they have to spend all day in court, away from the design studio.”
Bernstein says the counterclaim filing was a counter-offensive strategy. “The counterclaims were about defending ourselves against Louboutin… Now bear in mind, if Louboutin tries to come after us again in the future, we will absolutely look into refiling those counterclaims.”
Image via Getty
Previously…
YSL and Louboutin are Back in Court, Squabbling Over Red-Soled Shoes
Christian Louboutin Wins a Point in the Battle of the Red Soles
* I really need to answer my jury summons. Is that something someone could file a dismissal motion about?
