Christian Louboutin recently claimed victory in a years long lawsuit against a Dutch retailer for selling high-heeled women’s shoes bearing red soles. In 2012, Louboutin sued Van Haren, the Dutch company, which operates affordable footwear outlets, in a court in The Netherlands. A few years prior, in 2010, Louboutin obtained registrations for its iconic red soles in the region. Nonetheless, Van Haren argued the luxury brand’s trademark invalidly combined color and shape, that is, the particular red shade as applied to the sole of a pump. Under EU trademark law, common shapes, such as shoes, are not protected. Judges at the Court of Justice of the European Union found that the mark does not relate to a specific shape of sole for high-heeled shoes. Moreover, the court agreed with Louboutin’s position that a specific shade of red on the soles of its shoes qualifies as a distinct and recognizable characteristic of the brand. This decision falls in the midst of mixed rulings the French design house has experienced internationally. Since its inception in 1991, Louboutin has been successful in the US, China, Australia, Russia and other regions in asserting and protecting its trademark rights. Indeed, as recently as December, the fashion house was awarded damages and a permanent injunction against two shoe dealers in India who were infringing its mark. Conversely, last year, a Swiss court found against the luxury label on a final appeal, holding that the red soles are merely an aesthetic element. However, the current ruling confirms Louboutin’s registration of the trademark for all of Europe. #omnilegalgroup #trademark #louboutin
