Christian Louboutin has reached a settlement in a lawsuit that centers on its trademark-protected red soles. On the heels of filing suit against Vinci Leather, Inc. in May 2023 for allegedly manufacturing and marketing knock-off Louboutin footwear – from pumps bearing its source-indicating red sole to sneakers that mimic its Spiked Sneakers trade dress – with the aim of confusing consumers, counsel for Louboutin alerted a New York federal judge that the parties have entered into a settlement agreement that will likely bring the case to a close. In a subsequent memo endorsement, the judge dismissed the case, giving the parties the ability to reinstate it if the settlement is not consummated within 60 days.
In a May 15 letter addressed to Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York, as first reported by TFL, counsel for Louboutin notified the court that the parties have signed a settlement agreement in this case. “The agreement requires certain steps to be followed before our clients will dismiss,” Louboutin’s counsel stated, noting that “under the agreement’s terms, we anticipate being in the position to dismiss this case within thirty days, and, therefore, request that the court vacate all deadlines and conferences … and place this matter on the court’s 30-day dismissal calendar.”
The settlement comes almost exactly a year after Louboutin filed its lawsuit against Vinci, alleging that the leather goods company had been making high-heel pumps that “utilize a red sole identical to” Louboutin’s, which it offers up in brick-and-mortar locations in Maryland and Virginia and on its website.
Vinci escalated its infringement activities “in or around the fall of 2022,” per Louboutin, when it began selling shoes (namely, the “Zibo” and “Winlux” shoes. styles) that consist of “shark-teeth reminiscent soles” that are “nearly identical” to the soles on Louboutin’s Loubishark line of sneakers, for which Louboutin maintains two (narrow) design patents (Patent Nos. D934,539 and D934,536). At the same time, Louboutin asserted that Vinci was also offering up sneakers that infringe upon its Spiked Sneakers trade dress.
The goal of Vinci’s use of the famed red-sole trademark and offering of copycat versions of its protected footwear designs, according to Louboutin? To “mislead consumers into believing that [its] infringing shoes are made, approved, sponsored or endorsed by Louboutin, that [Louboutin] and [Vinci] are somehow connected” – or to “otherwise to benefit from the recognition and goodwill of [Louboutin’s] well-known shoes.” Beyond that, Louboutin alleged that Vinci’s footwear is “also created with the specific intent to create post-sale confusion as to the source of [its] footwear, creating an imitation of Christian Louboutin shoes that cannot be distinguished [after the initial point of sale].”
The terms of the parties’ agreement have not been disclosed, but it is worth noting that the allegedly infringing footwear at issue no longer appears on Vinci’s site. On the other hand, certain social media posts, such as this one, still depict the allegedly infringing red soled footwear.
Not necessarily off the hook when it comes to other brands’ wares. Vinci may be setting itself up for additional infringement lawsuits thanks to some the other items that are currently available on its e-commerce site. These include shoes and handbagsbearing Gucci’s green-red-green striped trademark, as well as high heels that mirror Valentino’s trade dress-protected Rockstud caged pumps, which consist of a “three-dimensional configuration of a shoe with a single ankle strap and T-strap and collar which are adorned with pyramid shaped studs.”
The case is Christian Louboutin SAS et al v. Vinci Leather, Inc., 1:23-cv-03806 (SDNY).
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