Louboutin’s red sole triumphs in court
16/07/2015
The European Trade Mark application was originally rejected by the trade mark examiner, then accepted by OHIM (the EU’s trade mark granting authority), but opposed by three companies, including Roland. All of the oppositions were rejected.
In 2012, a court in the US ruled that the red soles made famous by designer Christian Louboutin are so synonymous with his brand that they should be protected by law. The court of appeals overturned an earlier decision by a lower court that a colour could not be patented in the fashion industry. it was upheld that the sole
Matt Sammon, trade mark attorney at intellectual property firm Marks & Clerk, said: “Non-traditional trade marks like Louboutin’s red shoe sole are widely accepted in Europe, so it is not surprising that the Court today has upheld Louboutin’s trade mark. We saw a lot of debate in the USA around this trade mark, but not as much at the pan-Europe level. Today’s decision means that Louboutin will be able to continue defending its trade mark against competitors that manufacture or sell other shoes with red soles here in Europe, as we have already seen them do.
“This particular case was unlikely ever to succeed as it was based on the simple fact that Roland uses the colour red in its own trade mark. OHIM (the EU’s trade mark granting authority) rejected Roland’s original opposition and its appeal and now the EU’s highest court has too. Roland now has nowhere else to go to invalidate Louboutin’s European trade mark.”
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