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
Redundancy and the Duty to Consult: Lessons from Tsogo Sun Casinos v SACCAWU
by Jacques van Wyk - Director and Mike Searle - Candidate Attorney Retrenchment is often described as a ‘no-fault’ dismissal, [...]
Your Workforce Is Not Your Property
by Bradley Workman-Davies - Director The Labour Court’s judgment in Man Mining Technical Services (Pty) Ltd v Eagle Creek Investments [...]
The Fired and the Furious — and Still Restrained
by Bradley Workman-Davies - Director The Labour Appeal Court’s decision in Backsports (Pty) Ltd v Motlhanke and another is a [...]
Unpacking the Significant Proposed Changes to the “Generic” Codes of Good Practice (“Codes”) on Broad-Based Black Economic Empowerment (“BBBEE”)
by Pieter Steyn - Director The Codes set out the methodology for calculating a firm's BBBEE rating. Significant changes [...]
Nowhere to Hide: Regulator Orders JSE to Lift the Veil on Trading Records
by Armand Swart - Director, Hlonelwa Lutuli - Associate, Hanán Jeppie - Candidate Attorney On 5 January 2026, the Information [...]
Navigating the Distressed Horizon – Restructuring South African Businesses in 2026
by Dr Eric Levenstein Director and Head of Insolvency and Business Rescue Looking ahead to 2026, restructuring of businesses are [...]

