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
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 4 – Exchange Control Update
by Deon Griessel, Director, Armand Swart, Director, Hlonelwa Lutuli, Associate and Khanyisa Tshoba, Associate In our previous article published on [...]
Business Rescue at the Crossroads: When Creditors Draw the Line
by Dr. Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios [...]
Courts Enforcing The Right Of Access To Healthcare In Gauteng
by Helen Michael, Director, Slade van Rooyen, Associate and Vhutshilo Muambadzi, Candidate Attorney The present dire state of public healthcare [...]
NCR Throws a Lifeline to Consumers Required to Pay Premiums for Mandatory Credit Life Insurance
by Dylan Cunard, Director and Brendan Olivier, Director In a much-needed victory for hard-pressed consumers, the National Credit Regulator ("NCR") [...]
The Impacts of Cross-Border Restructuring Transactions on Your South African Mining Right
by Sandile Shongwe, Senior Associate and Kyra South, Director (assisted by Gracie Sargood, Candidate Attorney) The proposed amendments to the Mineral and Petroleum [...]
Global AI Governance Frameworks in a Diverging World
by Ahmore Burger-Smidt, Director and Head of Regulatory “The biggest lesson learned is we have to take the unintended consequences [...]

