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
The right not to be dismissed – a multiplicity of rights and actions
By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 has been a significant part of the South African [...]
The right of access to housing and its applicability to citizens or non-citizens
By Anele Ngidi, Director and Thomas Karberg, Candidate Attorney The latter part of 2019 was marred by a series of [...]
Proposed new interest deductibility limitation rules
By Robyn Armstrong, Director Interest payments are generally viewed as an ordinary business expense which are deductible in determining taxable [...]
Goal or yellow card – Inter Miami vs Inter Milan
By Donvay Wegierski, Director At the time of writing, events worldwide are being cancelled or postponed in an effort to [...]
Amendment to national minimum wage and sectoral determination minimum wages
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 17 February 2020 the [...]
An employee’s duty to disclose information when applying for employment
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Issue Whether an employee who [...]

