While we haven’t reached a decision in the Christian Louboutin lawsuit against Yves Saint Laurent yet, the French shoe company is gaining ground in the proceedings. Yesterday, the Manhattan judge presiding over the case decided to throw out a few documents YSL has submitted as evidence.
Women’s Wear Daily reports that Judge Victor Marrero will not allow YSL to use a chart it submitted with a letter during the preliminary injunction hearing. The chart depicted a number of red-soled shoes that the French fashion house had made as far back as 2004. A lawyer for Louboutin called it “a bald attempt of YSL and counsel to circumvent the law and sneak into evidence the chart they acknowledged was a ‘demonstrative’ at the July 22 hearing.” A lawyer for YSL told WWD that he’s not bothered that a few documents making it into evidence.
“We are not concerned about [the judge’s decision to disregard the exhibits] at all,” said YSL attorney David Bernstein, of Debevoise & Plimpton LLP. “The judge knows he has all the evidence he needs [to make a decision on the injunction].”
Christian Louboutin sought the injunction after YSL made and sold a red-soled shoe that it says violates the copyright on red-soled shoes granted to Louboutin in 2008. Marrero was supposed to rule on an injunction on July 22, but left the courtroom without making a decision. Of course at this point, he still hasn’t made one, but we’ll take baby steps for now.