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
Sticks, straws and bricks: POPIA compliance strategy & governance framework
The Protection of Personal Information Act, 4 of 2013 (POPIA) is now over a year in full effect. Indeed, the [...]
POPIA and consent, the biggest misunderstanding?
“Sometimes you have to travel a long way to find what is near” Paulo Coelho It has been over a [...]
Once empowered, always empowered?
There has been a recent shift in emphasis by the Competition Commission of South Africa (the Commission) from simply protecting [...]
Fake news – The three sisters: Mis, Dis and Mal.
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Fake news Introduction The Fourth [...]
Stronger Penalties Needed In Climate Change Bill
Earlier this year, the United Nations (UN) Intergovernmental Panel on Climate Change (IPCC) published its Sixth Assessment Report, also known [...]
The true meaning of dispositions ‘not made for value’ in the South African Law of Insolvency
by Eric Levenstein, Head of Insolvency, Business Rescue and Restructuring, Kerisha Reddy, Associate, and, Brandon Starr, Candidate Attorney A key [...]

