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
SARS to get a new stick
by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice Section 34 of the draft Tax Administration Laws [...]
Data breaches in South Africa post POPI…Any lessons to be learned?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; and Dale Adams, Candidate Attorney 1. During mid-August 2020, [...]
The Crossroads, When Giants Intersect Competition and Data Protection Law
by Ahmore Burger-Smidt, Director and Head of Data Protection and Privacy Practice; and Dale Adams, Candidate Attorney "…it's not always [...]
What now? POPI is at your front door.
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice Questions in relation to POPI compliance are indeed [...]
Collision on the Section 197 Highway
Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation [2020] ZACC 21. by [...]
Excessive pricing in State procurement of PPE
by Petra Krusche, Director and Rethabile Sebotsa, Candidate Attorney The COVID-19 national state of disaster declared in terms of the [...]

