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
GDPR and domain names
By Janine Hollesen and Donvay Wegierski, Directors On 25 May 2018 the EU's General Data Protection Regulation (GDPR) came into [...]
MESSI is a trade mark
By Janine Hollesen and Donvay Wegierski, Directors In April, the EU court ruled that the degree of similarity between the [...]
The Banking Regulation Review
Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters [...]
Fair selection criteria in retrenchments – can your employer make you re-apply for your job?
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney In South Africa an employee’s services can be terminated as a [...]
Is the reference of “swart man” to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether referring to a fellow employee as a "swart [...]
Can you terminate an employee’s fixed-term contract by relying on the termination provision of a contract of employment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer rely on the termination provision of [...]

