Christian Louboutin Sues for Trademark Infringement - FREE DOWNLOAD/Complaint

Christian Louboutin Sues for Trademark Infringement - FREE DOWNLOAD/Complaint

Christian Louboutin filed suit on Monday in the Southern District of New York, claiming federal trademark infringement, trademark counterfeiting, trademark dilution, unfair competition and false designation of origin.  The shoe company has also raised New York State and common law causes of action.  The famed shoe designer alleges that Kuo-Hsin Yang and other defendants manufactured, imported, distributed, offered for sale, and sold various counterfeit versions of the red soled Christian Louboutin shoes.  Louboutin's company has designed shoes incorporating the red lacquered sole since 1992, and the red sole was registered as a trademark in 2008. 

According to the complaint, plaintiffs executed an ex parte seizure order on December 18, 2009 against E Shoe Ware House, one of the companies to whom defendants allegedly sold counterfeit Christian Louboutin footwear.  During the raid, plaintiffs seized counterfeit products sold by defendants to E Shoe Warehouse, together with documents evidencing defendants' sale of counterfeit products.  Louboutin is seeking preliminary and permanent injunctions against the defendants to prevent them from using the Christian Louboutin trademarks.  The French shoe designer also asked the court to "enjoin and restrain defendants, their officers, agents, servants, employees, attorneys, and any persons in active concert or participation with them, and any banks, savings and loan associations or other financial institutions, or agencies which engage in the transfer of real property, who receive actual notice of the Court's order, by personal service or otherwise . . . from transferring, disposing of, or secreting any money, stocks or other assets of defendants, without prior approval of the Court . . . ."  Moreover, in addition to other remedies listed in the complaint, Christian Louboutin is seeking statutory damages in the amount of $2,000,000 per mark infringed, pursuant to 15 U.S.C. 1117(c).

Finally, an additional element of note is the complaint's indication that Defendants sold their counterfeit products through Amazon.com.  It is unclear whether this foreshadows a future complaint Christian Louboutin will bring against Amazon, in an effort to protect the Louboutin trademark and renown.

 

 

Attachment: Complaint-Christian Louboutin v. Yang, et al. (S.D.N.Y.).pdf

Comments

Anonymous
Anonymous
  • 10-03-2010

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