Setback for Louboutin in European trademark case
07/02/2018
In 2013, a Dutch court ruled that Van Haren must stop manufacturing and selling blue and black high-heeled shoes with red soles. The case came down to whether a shape includes colour (in this case the red sole on a high-heeled shoe). The court ruled in favour of Louboutin, with the subsequent appeal process now reaching the ECJ.
Louboutin's trademark covers "the colour red (Pantone 18 1663TP) applied to the sole of a shoe". Van Haren has argued that the trademark is invalid because EU law does not allow trademarks that consist solely of "the shape that gives substantial value to the goods".
On February 6, ECJ advocate general Maciej Szpunar ruled that “shape” does include colour. He also said that any decision on the trademark's validity should not take into account the "attractiveness of the goods flowing from the reputation of the mark or its proprietor".
The ECJ will now issue its ruling, which may or not follow Mr Szpunar’s opinion. Trademark attorneys have said that a ruling against Mr Louboutin would mean he could no longer stop his competitors from offering shoes with red soles.
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