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
Not your friend, buddy
The requirement to register as a credit provider under the National Credit Act That the National Credit Act[1] (the NCA) [...]
The inadvertent 8c trap
Section 8C of the Income Tax Act 1962 (the Act) includes in a taxpayer's income any gains or losses made upon [...]
Jurisdiction in South African Labour Law
Jurisdiction can be defined as the competence of a court to hear and determine an issue between the parties. A [...]
When machines make decisions: Understanding the impact of the protection of personal information act, 2013 (“Popia”)
Companies, when obtaining and processing personal information must not mislead and must also provide certain information to the individual data [...]
What does the protection of personal information act, 2013 mean for south African elections?
by Ahmore Burger-Smidt, Head of Data Privacy Practice and Mahlogonolo Motimele, Candidate Attorney A CLOSER LOOK AT THE VOTERS ROLL [...]
United Kingdom – game of thrones vs game of vapes
The UK Intellectual Propety Office ("UKIPO") has dismissed Home Box Office ("HBO") trade mark opposition filed against the registration of [...]

