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 rights of illegal workers and workers engaged in illegal activities in South Africa
In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of [...]
A landmark case dealing with the revocation of tax compliance status
Reviewed by Ernest Mazansky, Head of Tax Practice A recent judgment handed down in the Pretoria High Court last month [...]
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 [...]
Red is Louboutin
By Janine Hollesen and Donvay Wegierski, Directors Luxury shoe designer Christian Louboutin received a favourable ruling from the Court of [...]
Do you own the copyright that you have paid for?
By Janine Hollesen and Donvay Wegierski, Directors The rights of copyright are incredibly powerful once they come into being, the [...]

