Red soles are Christian Louboutin’s trademark
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World-famous designer Christian Louboutin has won a legal battle to protect his brand’s distinctive red soles.
In 2012, Louboutin sued rival firm Van Haren for selling high-heeled shoes with scarlet soles, reports bbc.com.
Under EU law, companies cannot trademark common shapes of products such as the soles of shoes and Van Haren argued that applying red to a shoe sole came under the law and, as a result, Louboutin did not have trademark protection.
However, the European Court of Justice said shape trademarks do not apply to Louboutin’s red sole, reports bbc.com.
Louboutin first designed his trademark shoe in 1993, using an assistant’s red nail polish.
The luxury brand said it “warmly welcomes” the judgement.
“For 26 years, the red sole has enabled the public to attribute the origin of the shoe to its creator, Christian Louboutin. This case will now be referred back to The Hague court, which is expected to confirm the validity of the red sole trademark,” said a statement from the company.
Questions & Answers
Q.What was the core legal argument made by Van Haren against Christian Louboutin?
What was the core legal argument made by Van Haren against Christian Louboutin?
Van Haren argued that under EU law, companies cannot trademark common product shapes like shoe soles. They contended that applying red to a sole fell under this law, meaning Louboutin's design should not have trademark protection.
Q.How did the European Court of Justice rule regarding the red sole trademark?
How did the European Court of Justice rule regarding the red sole trademark?
The European Court of Justice ruled that shape trademarks do not apply to Louboutin's red sole. This indicates that the specific colour application is distinct from a common product shape, allowing for its protection.
Q.When did Christian Louboutin first create a shoe with a red sole?
When did Christian Louboutin first create a shoe with a red sole?
Christian Louboutin first designed his distinctive red-soled shoe in 1993. He reportedly used an assistant's red nail polish to achieve the iconic look for his initial design.
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