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
Employees signing mutual separation agreements under duress
Signing mutual separation agreements under duress Whether a threat of police action amounts to duress when signing a mutual separation [...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Breach of Covid-19 protocols in the workplace Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally [...]
The pride or prejudice of being a related person to a company?
by Marvin Petersen, Senior Associate co-authored by Jarryd Mardon, Director and reviewed by Pierre le Roux, Director Introduction In terms [...]
Constitutional Court confirms invalidity of Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders
Preferential Procurement Policy Framework Act by Pieter Steyn, Director 1. In September 2020, the Supreme Court of Appeal ("SCA") declared [...]
2022/2023 Budget Proposals Tax Overview
2022/2023 Budget Proposals - Tax Overview By: The Werksmans Tax Team INTRODUCTION Minister of Finance Enoch Godongwana delivered his maiden [...]
“Death and Life are in the Tongue”* – A Case of Hate Speech
by Dakalo Singo, Director and Harold Jacobs, Director "This country is still grappling with identifying where the bounds of freedom [...]

