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 Supreme Court of Appeal steps in to protect the rights of dual-citizens
Many South Africans were unaware that, until 13 June 2023, if they acquired citizenship in another country (other than [...]
Exploring the right to privacy
Where does the right to privacy begin? Where does it end? Consider this in the context of a recent [...]
But first, there is a duty to exhaust internal remedies!
Before an aggrieved requester can approach a court for appropriate relief, following a decision of refusal for access to [...]
One database for all your identification information? Privacy considerations
The Department of Home Affairs (Home Affairs) recently published the Draft National Identification and Registration Bill (Draft Bill). The [...]
AI and protection of data in the mining industry
and Chiara Ferri, Candidate Attorney The mining industry in South Africa has embraced to digital transformation. Machine Learning, Big [...]
Think before issuing instructions to employees
In Association of Mineworkers and Construction workers Union obo Mkhonto & others [13 February 2023], the employees were charged [...]

