Christian Louboutin has filed a claim in the New York Courts against Yves Saint Laurent ("YSL") for infringement of a registered US trade mark over his signature red-soled shoes.

In a claim for $1million in damages and an injunction to prevent further production and sale of YSL's red-soled shoe, Louboutin has claimed that YSL's use of the red sole is "likely to cause and is causing confusion, mistake and deception among the relevant purchasing public."

In order to succeed in the claim, Louboutin will have to prove confusion amongst customers. This is a particularly high water mark to attain given the expense of the product in question, the sophistication of the intended customer and the serious consideration they will give to parting with so much money prior to purchase.

Under US law, Louboutin may be able to argue 'initial interest confusion' i.e. that the consumer was confused by YSL's use of the distinctive red sole at the time of interest in the product, rather than a focus on confusion at the time of purchase. Although the legal position on confusion in the US is different to that in the UK, the case will shed interesting light on the US approach to confusion relating to products manufactured by direct competitors of equally high repute in fashion circles. The case could have serious implications for the protections afforded to owners of trade marks in the US.

Louboutin has also reportedly taken legal action against the French footwear brand Carmen Steffens for their red-sole shoe collection; a stark reminder not to tread on Louboutin's proverbial toes.

16 May 2011