Shoemaker Christian Louboutin Wins EU Court Battle Over Red Soles

The luxury shoe designer took shoe maker Van Haren to court in 2012 after Van Haren sold similar red-soled shoes.
Image courtesy—Stockland Martel Blog

The EU court has 'confirmed that the legal regime governing shape trademarks does not apply to Christian Louboutin's red sole mark, ' the French company said in a statement.

Christian Louboutin has won its fight to prevent other designers from selling copycat versions of the company's signature red-soled stilettos, CNN reports.

The battle was one by the designer and he seemed overwhelmed and thankful.

The ruling by the EU Court of Justice in Luxembourg on Tuesday said the sole's colour isn't covered by limits on trademark protection for the shapes of products.

Louboutin's lawyers argued, on the contrary, that the trademark consisted of "the color red [Pantone 18-1663 TP] applied to the sole of a shoe", regardless of the shape of the sole. A Dutch district court in The Hague asked the European Court of Justice to rule on the nature of Louboutin's trademark before it settles the matter.


The ECJ said that a trademark, such as Louboutin's, could not be regarded as consisting "exclusively" of a shape, where the main element is a specific colour designated by an internationally recognised identification code. Dutch judges referred the case to the EU's top courts for clarification on the bloc's trademark laws.

Under EU law it was argued companies can not trademark common shapes such as the soles of shoes.

Elaine O'Hare, an intellectual property specialist at the law firm Stevens & Bolton, said: "The ECJ has not followed the recent recommendation of the advocate general and has instead ruled that Louboutin's red soles can in fact be protected as a trademark".

Christian Louboutin COO and GM Alexis Mourot told WWD that today's European Union ruling confirms the registration of the brand for all of Europe.

"The ruling is very short, which is very rare, and it's very clear", he said.

Related News:

  • 'Wake up Punchy!': Trump jabs back at De Niro

    Just wait until Robert De Niro plays the role of Mueller when the movie comes out about your crimes of treason and collusion. How no one has looped that into one of those 10-hour videos of him just saying " Fuck Trump " over and over is beyond me.

    British PM avoids Brexit defeat in knife-edge parliament vote

    May objected to the amendment - inserted by the House of Lords - because she said it would tie her hands in the negotiation. Starmer's call comes as lawmakers are bracing for a fierce parliamentary debate over Britain's European Union divorce bill.
    AVENGERS: INFINITY WAR Global Box Office Tops $2 Billion

    AVENGERS: INFINITY WAR Global Box Office Tops $2 Billion

    Domestically the film notched $6.8 million this last weekend, and internationally the film pulled in another $10.9 million. Iron Man , Thor, the Hulk and the rest of the Avengers unite to battle their most powerful enemy yet - the evil Thanos.
  • Chinese vase discovered in shoebox sells for $25 million

    Chinese vase discovered in shoebox sells for $25 million

    The vase achieved a record for any Chinese porcelain sold at auction in France after it went under the hammer in Paris. It was produced to mark the reign of the Qianlong Emperor and is thought to be the only known example of its kind.

    Robert De Niro gets standing ovation for Trump blast at Tony Awards

    Trump and his top economic aides launched scathing attacks on Trudeau over the weekend amid their ongoing fight on trade. The actor, producer, and director has also played the special counsel Robert Mueller on " Saturday Night Live ".
    Daimler ordered to recall over 200,000 diesel cars

    Daimler ordered to recall over 200,000 diesel cars

    Daimler has already announced a voluntary recall of three million diesels to install a software fix meant to reduce emissions. Daimler hasn't contested the existence of the devices, but has argued that the devices may not be illegal.
  • National Hurricane Center: Monitoring Gulf of Mexico for low chance development

    National Hurricane Center: Monitoring Gulf of Mexico for low chance development

    A large area of disorganized showers and thunderstorms over the western Caribbean Sea is associated with a trough of low pressure. The area of stormy weather at the bottom right of the image could develop into a tropical system later this week.
    Prawns and Haagen-Dazs on the menu as Trump-Kim meet

    Prawns and Haagen-Dazs on the menu as Trump-Kim meet

    President Donald Trump and North Korea's young dictator, Kim Jong Un , were trading insults and threatening nuclear war.
    Arsenal in talks for Lucas Torreira of Sampdoria

    Arsenal in talks for Lucas Torreira of Sampdoria

    As such, Claudio Gomes and Dan-Axel Zagadou have left for the likes of Manchester City and Borussia Dortmund in recent times. He has become a key player at the Stadio Luigi Ferraris and is now ranked among the best defensive midfielders in Serie A.
  • Trump’s vow to end military drills with Seoul stuns a region

    Trump’s vow to end military drills with Seoul stuns a region

    The pledge, absent from the joint statement Trump signed with Kim, appeared to come as news to both South Korea and the Pentagon. Pompeo added, President Trump is very prepared for his upcoming meeting with Kim Jong Un and is eager to achieve real progress.
    What Kyrie Irving had to say about the most recent Celtics season

    What Kyrie Irving had to say about the most recent Celtics season

    No one was more shocked than the Cleveland Cavaliers when star guard Kyrie Irving requested for a trade last summer. Irving can sign a significantly bigger contract if declines his player option for 19-20 and becomes a free agent.
    Russian Federation  2018: Neymar led Brazil thrash Austria in final warm up match

    Russian Federation 2018: Neymar led Brazil thrash Austria in final warm up match

    The Selecao will be favourites to progress and with Neymar back fit and firing will believe anything is possible. That goal puts him joint-third top goalscorer with Romario. "Dreaming is not forbidden".


Most liked

WC 2018: Blow for France as Mbappe suffers injury
The 19-year-old forward appeared to hurt his left ankle in a tackle from defender Adil Rami during a practice match on Tuesday. Four days before his World Cup debut, Kylian Mbappe left France's training session limping, after a clash with Adil Rami.

E3 2018: Death Stranding Gameplay Trailer Shows New Female Character
The trailer also adds Lea Seydoux and Lindsey Wagner to the cast, but sadly had nothing to say on any kind of release window. E3 2018 coverage at Giant Bomb : Still more commentary and news from E3, from our colleagues at Giant Bomb.

Fire Emblem: Three Houses Coming In 2019
Fire Emblem: Awakening revitalized the series with improved gameplay that helped the franchise grow to a more commercial hit. Three Houses takes place in Fódlan, a land dominated by the church who has great control over its people.

New Game+ mode is coming to God of War
However, that isn't to say that without a God of War New Game Plus mode , there is no longevity to the game. There's no word on when this will be available, but it will be patched into the game at some point.

11-Year-Old Daughter of Anthony Bourdain Shows Strength After Dad's Death
Bourdain made a point of never shooting back-to-back episodes so he would have time to return to NY to spend time with her. A rep for Bourdain, as well as his brother Christopher , did not immediately respond to Fox News' request for comment.

Ivanka Trump tweets Chinese proverb believed to be American
But her mysterious proverb was panned on Weibo. "Maybe she saw it in a Panda Express fortune cookie", one person joked . A pseudo-Confucian version was fabricated in 1962 - perhaps explaining why Ms Trump believed it was a Chinese proverb.

Raccoon scales St. Paul office tower, captivating public
Raccoons are not typically known for their bravery, but one is scaling the UBS tower in Minnesota with death-defying nerve. The raccoon was first spotted on a ledge Tuesday morning, just a few floors high.

Children Killed by Florida Man During Hours-Long Standoff Identified
She had fled the apartment after he attacked her and called police from a nearby restaurant, the Orlando Sentinel reported. A member of the SWAT team stormed the home around 8:30 p.m. after seeing at least one dead child in a bedrooms.

Losing owner calls for investigation into tactics used in Belmont Stakes
The victor of the race is given a blanket made of between 300-400 white carnations, the traditional flower of the Belmont Stakes . Victor Espinoza is the oldest, and first Latino jockey, to win the most prestigious accomplishment in horse racing.

Rand Paul Calls 'Naïve' Lindsey Graham a 'Danger to the Country'
Rand Paul unloaded on Sen. "That doesn't make the world more peaceful - it makes it more risky ", Graham added, noting that he supports Senate Minority Leader Charles Schumer's (D-N.Y.) proposed deal urging the president to work toward "incremental progress" with North Korea negotiations.

Ainsley Maitland-Niles signs new Arsenal contract
Arsenal's latest rising star Ainsley Maitland-Niles has committed his future to the club by signing a new long-term deal, the club announced.

Insomniac's new Spider-Man trailer shows off a sinister group of villains
Ahead of Nintendo's E3 press conference, Best Buy added YouTube and Netflix icons to its listing for the Nintendo Switch. This is a new third-person game from Remedy, the same studio that developed Max Payne, Alan Wake and Quantum Break .

Apple Seeds iOS 11.4.1 Developer Beta 2
Developers can download the betas from the link below. iOS 11.4.1 doesn't contain any major UI changes or feature improvements. You can install iOS 11.4.1 beta 2 as an over-the-air update if you have the proper installation profile added to your iPhone.

Congress Moving To Block Trump Deal With ZTE Over Iran Sanctions Violations
Schumer (D-N.Y.), filed their amendment to claw back the Trump administration's ZTE deal the same day it was announced . Since the language is tucked into a larger defense bill, Trump would have no choice but to pass it.

Nikola Katic: Steven Gerrard a big reason why I joined Rangers
Katic is the fifth summer signing for Ibrox manager Steven Gerrard, following deals for Allan McGregor, Scott Arfield, Jamie Murphy and Ovie Ejaria.