The court rejected the Christian Louboutin on Wednesday to stop the YSL sales" red toms shoes". Judge Victor Marrero said," the designer footwear market to unilaterally on red monopoly power, will hinder the other parties involved in the competition." He also says it's just like Picasso in the prosecution of Mo Nai, because the latter in his painting lotus used the Picasso painting water's unique indigo.
Judge Victor Marrero said, Louboutin red toms shoes appeal will not only affect the senior footwear market competition, but also potentially affect other fashion category of competition in the market, make clothing, handbags, accessories and other manufacturers in the fear of litigation. "" Louboutin requirements will make the fashion industry by ' Red ' by other designers, bound, and Loubouti is able to complete the swatches to paint."
Loubouti lawyer Harley Irwin Lewin verdict expressed regret that, contrary to the trademark law. " He ( judges ) found in the fashion industry, people could not have to include a single color as trademark, and ignored the color identifier has been in public in precipitation as a trademark of concept." He also said," we clearly pointed out that this is not about a fashion goods, but the sole."
Lewin also said it will appeal, but spoke with Louboutin after the formal decision. He is very sure win appeal.
YSL lawyer Jyotin Hamid said the verdict was satisfied. " No designer should be in the fashion of monopoly is a kind of color." He also said that YSL company will also continue to produce red toms shoes, because they are from 1970 time begin to design such a shoe.
The judge believed to color as trademark cannot afford legal scrutiny," because in the fashion industry, color has a decorative and aesthetic significance to promote competition, have crucial effect." He also recognized that the Louboutin since 1992 to create the red toms shoes has gained great success. Although reluctant, YSL also recognized this fact.

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