I would like to talk about the consumer confusion which is one of the most important facets of this case.

By consumer confusion, we mean is the red outsole uniquely identified by the consumers only as a
product of Louboutin. So the question is “Are the consumer’s really confused?” or “How the consumers
really identify these red outsole shoes?”

In the real post-sale context of the YSL shoes, Poret’s survey brings the results into light. So the survey
was performed by showing a video of woman weaning YSL red outsole shoes in the perspective of real
life visual angles. Let me tell you the results:

95% of survey participants did not identify the YSL shoes made my Louboutin. Well. That means we are
dealing with only have 5% consumer confusion. And as we know
“confusion survey results below 10% are evidence “that confusion is not likely”

As we already know Louboutin lacks a valid trademark on their claim, and only 5% post-sale confusion,
still for the sake of argument I would like to demonstrate our “Fair use” defense. Which describes

1) Using the purported mark other than a mark, which YSL uses its own mark, pretty obvious
2) In a descriptive sense, Where YSL used red outsole in its own manner which is hardly identical
with Louboutin based on the survey.
Moreover, the red outsole is being used in YSL’s signature Monochrome shoes and other shoes
such a way that provides the shoe just an extension of design elements, not an identity.
3) “In Good Faith”. I would like to remind us all that “YSL first used the color red on the outsoles of
women’s footwear as far back as the 1970s – long before Louboutin was even designing shoes.
Since then, YSL designed and sold numerous models of footwear with red outsoles and using red
outsoles in good faith.

We would like to show your honor two pictures of YSL shoes, One from 1961 and another one is
from 1968, both containing red outsoles. Please find attached Pictures.

I would like to request attention of the court by stating that Based on the evidence, survey results
and the facts

there is no way the shoes of YSL cruise collection 2011 has anything to do with the Louboutin red
outsole shoes. Thank you