Yves Saint Laurent, Inc.’s lawyers issued a two-part response to Christian Louboutin’s trademark-infringement charges this week, stating first and foremost that no one can prove that YSL’s use of red soles hurt Louboutin’s sales or caused any consumer confusion. Secondly, they argued that Louboutin never should have gotten a trademark for those red soles anyway. Reports WWD:
“Louboutin’s trademark should have never been granted,” David Bernstein, attorney for YSL, told WWD Wednesday. “We just don’t think that any fashion designer should be able to monopolize any color.”
This is a perfectly fair point, but obviously (and amusingly) Louboutin’s lawyer, Harley Lewin, disagrees.