Louboutin's appeal, filed by his attorney last Monday, has bought his attorneys some extra time before YSL can push to have the shoemaker's red sole trademark canceled entirely. Lawyers for both designers met before Judge Victor Marrero on Friday to argue whether or not YSL can challenge the trademark, but the judge put everything on hold until the appellate court rules on his decision to reject Louboutin's preliminary injunction request two weeks ago.
Juge Marrero upheld YSL's rights to manufacture and sell red-soled shoes and repeatedly asserted that red is a decorative element rather than a trademark-worthy feature, so it's in Louboutin's best interest to bring other judges (read: the appellate court) into the mix. WWD reports:
“There is something different about fashion. In fashion, color is an ingredient,” the judge said [on Friday], musing that designers use color just as a chef uses “salt and pepper,” or a writer uses the word “the.”
So really, this appeal is Louboutin's best bet for holding on to his trademark.