Louboutin wins EU court battle over trademark red soles

Marco Green
June 13, 2018

The company welcomed the judgment, saying in a statement: "The protection of Christian Louboutin's red sole trademark is strengthened by the European Court of Justice".

"For 26 years, the red sole has enabled the public to attribute the origin of the shoe to its creator, Christian Louboutin".

The battle was one by the designer and he seemed overwhelmed and thankful.

"The European Court of Justice today confirmed that the legal regime governing shape trademarks does not apply to Christian Louboutin's "red sole" mark", the company said in a statement.

In 2013, Van Haren was forced to cease production of the shoes in question when the Brussels Court of Appeal ruled in favor of Louboutin, finding that the red soles represented a distinctive marker for consumers.

French designer Christian Louboutin won a fight over trademark protection for his iconic red-soled stiletto shoes.

Alexis Mourot, chief operating officer and general manager of the privately held firm, said the ruling meant the court effectively recognized that the red sole was a signature of the Louboutin brand.

A mark consisting of a color applied to the red sole of a shoe "is not covered by the prohibition of the registration of shapes", the European Union judges said in their decision.

The ECJ said that a trademark, such as Louboutin's, could not be regarded as consisting "exclusively" of a shape, where the main element is a specific colour designated by an internationally recognised identification code.

The Dutch company took the case to the EU court citing European regulations that shapes by themselves can not be registered as trademarks.

"This case will now be referred back to The Hague Court, which is expected to confirm the validity of the red sole trademark", it added.

"The ruling is very short, which is very rare, and it's very clear".

Other reports by Click Lancashire

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