On June 12, the European Court made a positive decision, confirming that a certain shade of red is a hallmark of the shoes of the French luxury brand Christian Louboutin. According to representatives of the luxury brand, the latest decision confirmed the registration of the Christian Louboutin trademark in the form of a red sole for the whole of Europe. “This is a complete victory for the brand,” the Fashion House said.
Christian Louboutin has been suing the Dutch company Van Haren for five years, proving its exclusive right to the red sole.
In 2009, the French luxury brand filed an application for registration of a trademark in the region, and in 2010 received it. And already in 2012, the luxury brand was forced to sue the Dutch company Van Haren, which operates in the footwear segment at affordable prices in the Netherlands, because it violated his rights. In 2013, after the Brussels Court of Appeal ruled in favor of Louboutin, Van Haren was forced to stop producing red-soled shoes.
Meanwhile, the Dutch brand continued to insist that the recognition of the “red sole” as the hallmark of the brand is unlawful. The company referred to the connection of the red sole with the shape of the shoe, and the shape of the shoe does not fall under the protection of European trademark law.
In February, the opinion expressed by the general lawyer of the European courts, Macia Shpunar, turned out to be on the side of Van Haren. Shpunar then stated that a trademark in the form of a combination of color and shape - as in the case of red-soled Christian Louboutin boats - could be invalidated on the basis of EU trademark law and sent the case back to the Dutch courts.
After the ruling on June 12, the case was sent to the Hague District Court. At the same time, Christian Louboutin said that he was counting on a quick and fair court decision, and confirmation of his exclusive right.
“The red color used on the soles of women's high-heeled shoes is a brand positioning that Christian Louboutin Fashion House has been supporting for many years. The company warmly welcomes the decision, ”commented the representatives of the luxury house.
Louboutin successfully sued his right to the red sole in the United States. In 2012, Fashion House filed a lawsuit about violation of its trademark rights to the luxury brand YSL.
In February 2017, Swiss courts rejected the brand's appeal, stating that the red sole was just an aesthetic element. The courts noted that the fact that Christian Louboutin contested its exclusive right to the red sole in the markets of China, Australia and Russia does not mean that the brand can count on the same decision by Switzerland.
In December, the French luxury brand seized nearly 10 Lac Rupees ($ 156,078) from Indian shoe distributors Kamal and Adra Steps.
According to representatives of Christian Louboutin, the latest decision confirmed the registration of the Christian Louboutin trademark in the form of a red sole for the whole of Europe. “This is a complete victory for the brand,” the Fashion House said.