Economy

Louboutin wins key legal battle over red soles

Louboutin wins key legal battle over red soles”

Designer to the stars Christian Louboutin has received the backing of Europe's top court in a battle to protect the signature red roles of his high-heeled shoes.

In 2014 the case was referred to the European court for clarification and a year ago, advocate general Maciej Szpunar said in his advice to the court that it should find in Van Haren's favour in a complicated ruling about shape and colour.

A Dutch court had asked the ECJ if the prohibition on the registration of shapes as trademarks also applied to shapes combining three-dimensional properties of a product and other characteristics such as colours.

In 2012, Louboutin sued rival firm Van Haren for selling high heeled shoes with scarlet soles.

In February, an opinion issued by of Maciej Szpunar, an advocate general for the European courts, seemed to side with Van Haren.

"This case will now be referred back to The Hague Court which is expected to confirm the validity of the red sole trademark".

Louboutin said in a statement that it "warmly welcomes this judgment".

The Dutch company took the case to the EU court citing European regulations that shapes by themselves can not be registered as trademarks.

While Louboutin has been victorious in trademark litigation in the US - the designer successfully sued YSL in 2012 for trademark infringement - the brand has seen mixed rulings in other regions. The courts further noted that the fact that the brand has won the battle for trademark status in other markets, including China, Australia and Russian Federation, did not mean the shoes should receive the same status in Switzerland.

French designer Christian Louboutin won a fight over trademark protection for his iconic red-soled stiletto shoes. "This decision is beyond appeal".



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