Louboutin Wages New Red Sole Trademark, Design Patent Lawsuit

Barsik Law Office


Louboutin asserts that in “a blatant attempt to trade off the renown of the Christian Louboutin brand,” Vinci Leather, Inc. has been manufacturing and marketing knock-off Louboutin shoes – from pumps bearing its source-indicating red sole to sneakers that mimic its Spiked Sneakers trade dress – with the aim of confusing consumers, particularly in a post-sale scenario. Louboutin claims include: trademark infringement, trade dress infringement, unfair competition, deceptive trade practices, and design patent infringement. In addition to monetary damages, Louboutin is seeking injunctive relief to bar Vinci from “manufacturing, distributing, shipping, advertising, marketing, promoting, selling or otherwise offering for sale,” etc. footwear that infringes its red sole mark, Spikes Sneakers trade dress, and Loubishark patents, and is seeking an order from the court that Vinci “deliver up to [Louboutin’s] attorneys for destruction all goods, labels, tags, signs, stationery, prints, packages, promotional and marketing materials,” among other things.