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
A new reality for illegal miners and the ‘zama zamas’?
Illegal mining challenge Illegal mining is a critical challenge in the South African mining and minerals industry. In response to [...]
Treaty residence of mobile South Africans – An interesting UK tax case
Treaty residence of mobile South Africans The tax residence status of a natural person with a mobile lifestyle recently formed [...]
The case for South Africa’s business rescue procedure – Commissioner of Sars v Louis Pasteur Investments (Pty) Ltd and others
South Africa's business rescue procedure by Eric Levenstein, Head of Insolvency, Business Rescue & Restructuring and, Brandon Starr, Candidate Attorney [...]
Important notice for Kenya imports
Intellectual Property rights ("IPR") owners who import goods into Kenya Mandatory recordation of Intellectual Property Rights as of 1 July [...]
Business Rescue plan South Africa
Business Rescue Plan 1. What is a business rescue plan? A business rescue plan is a plan developed and, if [...]
FSCA’s draft transformation strategy – A step in the right direction?
FSCA: Draft Transformation Strategy On 28 February 2022, the Financial Sector Conduct Authority ("FSCA") published a draft financial sector transformation [...]

