General Counsel for the European Court of Justice in Luxembourg, Masiege Spunar, said French shoe house Christian Louboutin does not have the exclusive right to use red soles in high-heeled shoes. "TASS.
Christian Louboutin recently filed a lawsuit against the Dutch company Van Haren, which produced women's shoes with a characteristic red sole, to this court.
According to the lawyer, shoes with bright red soles cannot be considered a registered brand, and therefore cannot be protected.
An assessment from the European Court of Justice in Luxembourg has been requested by the tribunal in The Hague, which is considering claims by Christian Louboutin and the Dutch company Van Haren. The first claims that it has the exclusive right to the red sole, the second - that this is contrary to European legislation. The court in The Hague is due to deliver its verdict in the coming months.
Until now, the French fashion house has repeatedly successfully challenged its exclusive right to use the red sole in the courts of different countries, in particular, it recently won similar litigation with two Indian companies, having sued $ 156 078. The conclusion of the European Court of Justice in Luxembourg is a kind of precedent in judicial practice. This conclusion is not binding on the European Tribunals, but they can use it in almost any case.
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