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
Restoring a financial distressed company to solvency – is it achievable in corporate South Africa?
With continued unpredictable loadshedding schedules, a logistics crisis at our ports costing the South African economy R100 million per day, [...]
Five tips to optimise your first consultation with an attorney
by Ngwalemorwa Matsapola, Candidate Attorney. Reviewed by Naledi Motsiri, Director. Consulting with an attorney for the first time can be [...]
The future paradigm for insolvency
Unpacking the impact of distressed corporates, economic uncertainty and director apathy on insolvency practitioners in South Africa. Dr Eric Levenstein [...]
Crypto providers running out of time…
and Hlonelwa Lutuli, Candidate Attorney On 19 October 2022, the Financial Services Conduct Authority ("FSCA") published the Declaration of a [...]
An Overview of the Domestic Violence Act
Recognising that domestic violence in South Africa is a serious social evil, and that victims of domestic violence are [...]
Amazon Brand Registry Registration
With Amazon hitting South African shores in 2024, South African vendors can register their products ahead of time. Vendors can [...]