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
Is South Africa in a state of procurement limbo? Where to from here, for now?
Public procurement in South Africa by Sarah Moerane, Director, and Koketso Rapoo, Candidate Attorney Public procurement in South Africa is [...]
Putting Directors on Notice! – Section 129(7) of the Companies Act
Section 129(7) of the Companies Act The often "overlooked" Section and its meaning for directors of financially distressed companies by [...]
Market Inquiry: South African Fresh Produce Market
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice and [...]
Employer may fairly dismiss employees for refusing to accept operational changes in the context of restructuring
Refusing to accept operational changes in the context of restructuring Explanatory Note Generally, the dismissal of employees to coerce them [...]
Update: Prevention and Elimination of Harassment in the Workplace
The Harassment Code by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Danelle Plaatjies, Candidate Attorney Introduction On [...]
Quotas for employment of foreign nationals – Rationing the work
Quotas for employment of foreign nationals by Peter Mosebo, Director and Lisa Appelgryn, Senior Associate 1. The Minister of [...]

