French designer Christian Louboutin continues a long-term litigation for the legal protection of his trademark high-heeled shoes with red soles.

On June 12, the European Court of Justice in Luxembourg ruled that the color is subject to protection as a trademark with respect to the external features of the products and is not subject to restrictions. The EU Trademark Law includes such restrictions when the external features of the products are purely functional.

This decision is of great importance for those brands that use color as part of their trademark and defend their rights in the fight against imitators. The decision was made contrary to the earlier comments of the assistant judge, who stated that the Labuten red soles could fall under the restrictions imposed by EU laws.

"Brands that have invested heavily in branding and product positioning should be able to protect their brands from competitors seeking to gain an unfair advantage," says John Illsley, London director of accounting firm Moore Stephens.

The decision of the European Court of Justice should strengthen the legal protection of the trademark of the Fashion house Christian Louboutin. Stilettos and red soles have been a recognizable feature of the brand for 26 years now.

The issue will be re-examined in The Hague Court in connection with a dispute between Christian Louboutin and a Dutch shoe store, which also sells shoes with red soles. The store owners are convinced thatChristian Louboutin should not receive the protection of such a trademark, for example a red sole. Lawyers of Christian Louboutin meanwhile believe that the Hague Court should confirm the decision of the European Court of Justice in Luxembourg.

Source: Bloomberg

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