Judge Victor Marrero denied

Judge Victor Marrero denied Louboutin movement preliminary injunction, the district court level in August 2011, found that the Coach Outlet Online does not extend to the protection of the use of a single color of the expressive and defining quality wear an article in the fashion industry, "because of the specific circumstances in the fashion industry, color is functional. Therefore, the court held that, even if a color trademark protection in other industries, Coach Outlet Store is not on the merits of his case are likely to be successful because it held an invalid color trademark fashion. The YSL shoes may not be infringing, and Louboutin's preliminary injunction action is not eligible.

Second Christian Louboutin Outlet circuit partially reversed, partially affirmed. Judge Jose A. Cabranes decided a three-judge panel consisting of, including Senior Judge Chester Straub and Judge Debra Livingston, to study three issues: (1) whether it is a single color can be protected trademarks, generally in the specific context of the fashion industry; (2) whether to consider the doctrine of aesthetic functionality, "the flag of a single color must be" functional "context, the fashion industry, it is not possible to trademark in the Louboutin UK  industry; (3) According to the Trademark Law of the sign of the red soles is a valid trademark.