Legal updates and opinions
News / News
Red is Louboutin
By Janine Hollesen and Donvay Wegierski, Directors
Luxury shoe designer Christian Louboutin received a favourable ruling from the Court of Justice of the European Union (“CJEU”) recognising its claim to the colour red (pantone 18-1663TP) as a trade mark.
Louboutin successfully sued Dutch shoe retailer van Haren for infringing its signature colour red trade mark applied to high heel shoes in 2013. Van Haren, however, retaliated and applied to invalidate Louboutin’s colour red trade mark on the grounds that it comprised exclusively of a shape (being the shape of the sole of a high heeled shoe) and as a result was not valid as an EU trade mark.
The court ruled that the trade mark granted protects the colour as applied to a specific part of the shoe, rather than a shape which demonstrates the contour of the shoe to which the colour red is applied.
This ruling means that Louboutin now has exclusivity in relation to red soles for shoes – very powerful protection indeed.
If you would like to learn more about Intellectual Property please visit our practice area page.
Latest News
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”)
Urgent update: extension of COVID-19 Temporary Employer / Employee Relief Scheme ("Ters") On 28 February 2021 President Cyril Ramaphosa announced [...]
Business Rescue Practitioners – mind the trap!
by Roxanne Webster, Senior Associate and Siyabonga Galela, Candidate Attorney Reviewed by Eric Levenstein, Director and Lauren Becker, Director Introduction [...]
Shareholder “divorce” – is dissolution of the company a viable remedy?
by Rachel Winterbach, Candidate Attorney reviewed by Pierre le Roux, Director and Jarryd Mardon, Senior Associate It occurs in [...]
Duchess of Sussex, Privacy and POPIA
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Nyiko Mathebula, Candidate [...]
Minister Patel clarifies his views on employee share ownership programmes and Broad Based Ownership Schemes but uncertainty continues
by Pieter Steyn, Director and Head of Broad-Based Black Economic Empowerment (B-BBEE) Practice A new Broad Based Black Economic Empowerment [...]
That’s the way the cookie banner crumbles: draft EU ePrivacy regulation seeks to reform the cookies recipe
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Tristan Meyer, Candidate [...]

