Judge Victor Marrero has ruled to deny Christian Louboutin's request for a preliminary injunction that would prevent YSL from selling the red-soled shoes from its 2011 resort collection. He wrote in his ruling:
Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outsole brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.
In other words, this isn't over yet.
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