Designer Louboutin hits back in red sole lawsuit
Headline Legal News
Renowned French shoe designer Christian Louboutin has defended his court battle to protect his famous red stiletto soles.
Louboutin, who is suing fellow French fashion house Yves Saint Laurent for trademark infringement in a U.S. court, argues that he is not trying to monopolize the color red.
The designer said Monday he is defending his ownership to "a specific color in a specific place" of a shoe.
In an interview with The Associated Press, Louboutin called YSL's parent company PPR hypocritical because one of its brands, Gucci, also claims ownership of a specific color combination — red and green stripes — in its logo.
Louboutin was in London to open a major retrospective exhibition at the Design Museum to mark the 20th anniversary of the brand.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.