Christian Louboutin SA desperate a court bid to stop Yves Saint Laurent America from selling women’s shoes that Louboutin claims are identical to its trademarked red-sole footwear.

U.S. Quarter Judge Victor Marrero in New York rejected Louboutin’s request for a preliminary injunction halting sales of the shoes during the situation.

“Because in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unimaginable to be able to prove that its red outsole brand is entitled to trademark protection,” Marrero said in an conception filed today.

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