Louboutin claims New York retailer infringed red sole trade mark

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Louboutin claims New York retailer infringed red sole trade mark

Shoemaker Christian Louboutin is once again suing for trade mark infringement over his red-soled shoe, less than nine months after his infamous suit against Yves Saint Laurent was decided

On Friday, the French designer filed a complaint with the District Court for the Southern District of New York against Alba Footwear and unidentified customers of the US retailer.

The complaint included sample photographs of two pairs of Alba shoes that, while clearly bearing the Alba logo, utilised red soles and contrasting uppers.

Louboutin made headlines after suing fashion rival YSL for infringing the red sole mark with a monochromatic red shoe. YSL counterclaimed that the mark should be invalidated, and in August 2011 District Court Judge Victor Marrero agreed, concluding that “a monopoly on the color red would impermissibly hinder competition among other participants”.

But in September last year, a panel of judges from the Court of Appeals for the Second Circuit overturned the decision. The appellate court resurrected the red sole mark, but limited it to shoes featuring red soles and contrasting uppers and ruled that YSL’s all-red shoe did not infringe.

The ruling was welcomed by brand owners and industry organisations including Tiffany and INTA, both of which filed amicus briefs in support of Louboutin.

In Louboutin’s latest lawsuit, the designer claims Alba imports and sells copies of the Louboutin shoes. According to the complaint, authentic Louboutin shoes sell for up to $6400 a pair.

Louboutin is suing for trade mark infringement, counterfeiting, trade mark dilution, unfair competition and false designation of origin under the Lanham Act and New York State law.

more from across site and SHARED ros bottom lb

More from across our site

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article