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
Broad-Based Black Economic Empowerment Commission (“Commission”) finalises its first case
On 23 January 2018, the Commission issued final findings against SAB & T BEE Services (Pty) Ltd ("SAB&T") and Ms [...]
Parental leave – a pending new entitlement as a minimum term of employment
Currently, South African employment laws provide minimum entitlements to specified leave types for all employees, such as annual leave, sick [...]
Can TWiT.tv prevent Twitter from expanding its business? The dangers of co-existence agreements
VS An interesting spat is on the brew between TWiT.tv and Twitter. Most of us are aware of the Twitter [...]
You, robot
Science fiction – love it or hate it. However, the allegory presented by science fiction directs our thinking in a [...]
The use of alcohol in the workplace
An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in [...]
Financial Provisioning Regulations, 2017
On 20 November 2015, the National Environmental Management Act No. 107 of 1998 ("NEMA") "Financial Provisioning Regulations, 2015" GNR1147 GG 39425 ("2015 [...]

