IP expert Beatrice Martinet answers questions about the similarities and differences between European and U.S. trademark disputes involving fashion icon Christian Louboutin’s red-soled luxury footwear.
European Court of Justice Upholds Validity of Christian Louboutin’s Red Sole Trade Mark
The European Court of Justice (ECJ) recently ruled in favor of Christian Louboutin in a landmark case concerning the iconic red sole of his high-heeled shoes. The court clarified that Louboutin’s trade mark, which consists of a specific shade of red applied to the sole, is not a “shape mark” under the Trade Mark Directive (2008/95/EC), affirming its validity. The case originated from a lawsuit against Dutch retailer Van Haren, which had been selling shoes with red soles. Van Haren argued that Louboutin’s mark should be invalidated under the grounds that it added substantial value to the shoes’ shape.
However, the ECJ ruled that the red sole did not constitute a shape mark, noting that the contour of the shoe itself was not part of the trade mark, but rather its positioning of the color was. While this decision provides clarity under the 2008 Directive, it remains unclear how a similar case would be treated under the 2015 Directive, which includes additional provisions for other characteristics beyond shape.
The ruling reinforces Louboutin’s ability to protect its distinctive brand but leaves open questions about the application of newer trade mark laws.
