French luxury brand Christian Louboutin is suing American retailer Vinci Leather, which operates three New York boutiques and an online store. The French claim is that Vinci Leather has infringed the copyright of the well-known luxury brand footwear design.
In addition to using red soles in the shoes, Vinci Leather has been accused of copying other recognizable Christian Louboutin design elements, such as the "Loubishark" shark-tooth sole design and sneakers with studded toe and heels.
"Spikes have become a staple of the Christian Louboutin shoe brand and have adorned the feet of celebrities such as Elton John and Idris Elba," the complaint says.
Christain Louboutin is suing on five counts, including federal trademark infringement, federal trade dress infringement, unfair competition, both federally and under New York common law, violation of the State Fraud and Fraud Act. trade practice and infringement of a federal design patent.
“Because Defendant uses a substantially identical design, potential buyers may mistakenly assume that the infringing footwear belongs to Plaintiff,” the complaint states.
In the past, Christian Louboutin successfully defended his red sole patent in court against Dutch shoe retailer Van Haren. The Court of Justice of the European Union found that Louboutin's 2010 patent does indeed cover the color of the sole.
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