Following his semi victory in his epic trademark battle with Yves Saint Laurent last September (he lost the battle but won the war), things have been quiet with Christian Louboutin and his lawyer Harley Lewin on the fashion law front. Perhaps they were taking a well earned rest, perhaps Louboutin was catching up on some shoe designing, or maybe they were simply waiting for the media and competitors to actually grasp what the impact of the ruling was. (In case you need a refresh, the court ruled that Louboutin has the right to trademark protection over his red soles but that other companies–YSL included–may continue to sell shoes with a red sole, so long as the entire shoe is red.) Either way, Louboutin is back in the fashion law news this week as he has filed suit against Alba Footwear and Alan H. Warshak over the sale of red-soled shoes.
Lewin filed a trademark infringement suit last week in the Southern District of New York claiming that the defendants manufactured and sold counterfeit versions of Louboutin’s products using its red sole trademark .A quick look on Amazon confirms that Alba footwear sell a range of shoes, suspiciously similar to Louboutin’s, with a red sole. The shoes retail at $79.90. The French shoe designer is asking for $2 million in damages, injunctive relief and additional damages.