Christian Louboutin's lawyers are in the process of appealing Judge Victor Marrero's decision to deny a preliminary injunction against YSL for selling red-soled shoes, WWD reports. Meanwhile, YSL's lawyers are moving to have Louboutin's trademark cancelled entirely, a step that Judge Marrero implied they should take, stating in his ruling that "Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection."
YSL's attorney, David Bernstein of Debevoise & Plimpton LLP, told us last week that they are pursuing a summary judgment, which would allow them to have the trademark registration cancelled without even going to trial. "The judge made it clear that the court is open to this," said Bernstein over the phone. He's also pursuing counter-claims against Louboutin for damaging YSL's sales. "He used his market power to induce stores to refuse to sell our red shoes, which caused great harm to our collection this year," he said.