A federal judge has refused to grant a preliminary injunction stopping Yves Saint Laurent from selling shoes with a red sole that rival design house Christian Louboutin claims infringe on its trademark.

Saying he did not believe that a designer could trademark a color, Southern District Judge Victor Marrero in Christian Louboutin SA v. Yves Saint Laurent America Inc., 11-cv-2381, yesterday ruled that Louboutin is unlikely to prevail in its claims against YSL, and, further, that if YSL moved for summary judgment that Louboutin’s trademark is invalid, he would grant it.

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