Christian Louboutin scrambles to trademark his red-soled sneakers

Christian Louboutin scrambles to trademark his red-soled sneakers

Can you trademark a colour?

The EU opinion runs counter to that of a USA court which ruled in 2012 that Louboutin could trademark his famous red soles.

The classic red sole of a Christian Louboutin shoe was apparently invented when he painted his assistant's nail varnish on the sole. Since then, he has frequently declared the design element to be his recognizable signature, and argued it merits legal protection. Louboutin had filed a lawsuit in 2012 against Van Haren, a Dutch company whose retail outlets were selling affordably priced high-heeled women's shoes with red soles.

While Louboutin has been victorious in trademark litigation in the USA - the designer successfully sued YSL in 2012 for trademark infringement - the brand has seen mixed rulings in other regions. They have now won something of a reprieve.

French luxury shoe designer Christian Louboutin suffered a setback Tuesday in an European Union legal battle over his signature red-soled high-heeled shoes.

Once the ECJ reaches its verdict, it will be up to the Dutch court that referred the case to take the final decision on whether Louboutin's red sole can be a trademark. Judges in national courts typically, though not always, follow advice from the European Court of Justice's advocates general.

The Parisian designer said he had already trademarked the style in Europe in 2010 and 2013.

Indeed, illustrating the complexity of the issue, Louboutin previously won a battle against rival luxury fashion house Yves Saint Laurent in a U.S. federal appeals court, allowing him to protect his red soles as a source-identifying trademark.

Szpunar expressed "doubts as to whether the colour red can perform the essential function of a trademark, that of identifying its proprietor, when that colour is used out of context, that is to say, separately from the shape of a sole", the statement, according to the Business of Fashion, continued.

"Whilst relevant consumers may instantly recognize a red sole shoe being uniquely associated with Louboutin, trying to persuade the courts to grant monopoly rights with such a "badge of origin" may well be an insurmountable hurdle", said Sanjay Kapur, partner at intellectual property firm Potter Clarkson LLP.



Related Posts

MI vs Northwestern basketball
Throughout the course of the game, we started to adjust a little bit to what they were trying to do and just did our best". The Cats came out swinging in the second half, hitting six of their first eight shots and two-of-three from deep.

Coca-Cola FEMSA (KOF) Earns Daily Media Impact Rating of 0.24
Barrington Strategic Wealth Management Group Inc invested in 9,353 shares or 0.21% of the stock. (NYSE:C) for 2,352 shares. Veritas Investment Management LLP acquired a new stake in shares of The Coca-Cola in the third quarter valued at $135,000.

CBSE releases admit cards 2018 for 10th &12th students; download now
The Central Board of Secondary Education (CBSE) has issued admit card for the 10th-12th Board examinations. The regular students will not be downloading the admit card as the school will be providing them.

No offer yet from Boeing on tie-up: Embraer
Further meetings between Boeing and the government will not occur until after the Carnival holiday, which ends next week, it reported.

Kylian Mbappe's flawless response when asked: 'Is Cristiano Ronaldo declining?'
Cristiano Ronaldo has been below his best this season, but Kylian Mbappe denied claims the Real Madrid star was on the decline. Real Madrid host PSG on 14th February, in the Champions League round of 16. "It's great for everyone".

PM should answer the nation in Parliament, not question Opposition: Rahul
Congress president Rahul Gandhi and Sonia Gandhi were present in the House and in their seats. "Here, you have to answer to the country".

Charles Schwab Corp (SCHW) Position Cut by First Mercantile Trust Co
This continues to be an interesting story, and we look forward to updating it again soon on The Charles Schwab Corporation. The stock of The Charles Schwab Corporation (NYSE:SCHW) earned "Buy" rating by Keefe Bruyette & Woods on Monday, August 14.

Alabama files lawsuit against one of nation's largest opioid makers
At the time, Marshall said he wasn't sure states filing suit against opioid manufacturers was "the right way to go". Connecticut-based Purdue in a statement said it denied the allegations.

Melting Permafrost could Release Large Amounts of Mercury: Scientists
The study informed that the current emissions levels through 2100 can lead to shrinking of the permafrost by 30 to 99 percent. It has been proved that Arctic permafrost known as the Arctic's frozen soil is the warehouse of powerful greenhouse gases .

Kristaps Porzingis To Undergo MRI On Injured Left Knee
It is the longest streak by any Knick since David Lee had seven straight from February 9-26, 2010. That streak has cost them the lead in the all-times series, as they now trail 106-101.

© 2015 ExpressNewsline. All Rights reserved.