Well, YSL and Louboutin are in the news again. Just in case you missed it, here is what happened:
- Harley Lewin appeared on Bloomberg Law with Spencer Mazyck [see video below]. During the interview, Lewin claimed victory and predicted YSL and Louboutin would settle the action.
- His prediction came true, because today, YSL dismissed its counterclaims against Louboutin, which effectively ends the parties red sole battle (at least for now - again see Lewin Video, below).
Interestingly, in theBloombergLawpiece, which is totally Louboutin spin by the way, we learn two important things:
First, Lewin claimed that Louboutin's loss, was a win. Why? Because the Court of Appeal limited Louboutin's trademark. This is a win you ask? Lewin can claim so, yes, because the District Court was prepared to invalidate the mark completely. So which is preferred -- no trademark or a limited trademark? Clearly a limited trademark, hence Lewin's claimed win.
Yet this overlooks the obvious, while Louboutin may have exited this battled with its (limited) trademark, he still lost. Why? Because, as we said before, before Louboutin sued, his trademark was not limited to a red sole with a contrasting upper. If you end up with less then you started with, you definitely lost (at least how I keep score!)
Good job wagging the dog Harley !!!
Oh, and the second thing we learned in the Bloomberg Video? Lewin was referred to ChristianLouboutinby his good friend, and CFDA chairperson, Diane Von Furstenberg. Maybe that explains why Louboutin choose to challenge YSL's monochromatic shoe that looks nothing like a Louboutin pump.
Check out the Bloomberg Video here: