Christian Louboutin is scrambling to trademark his red-soled shoes.⠀⠀⠀⠀⠀⠀⠀
The Frenchman wants to prevent Dutch high-street chain Van Haren from selling iterations of his design.
According to Vogue UK, the European Court of Justice advised The Netherlands court that Louboutin’s trademark protection just may be invalid. ⠀⠀⠀⠀⠀⠀⠀
“A trademark combining colour and shape may be refused or declared invalid on the grounds set out under EU trademark law,” according to the ECJ. ⠀⠀⠀⠀
Sanjay Kapur, partner and trademark attorney at intellectual property firm, Potter Clarkson LLP, added:
“Whilst relevant consumers may instantly recognise a red sole shoe being uniquely associated with Louboutin, trying to persuade the courts to grant monopoly rights with such a ‘badge of origin’ may well be an insurmountable hurdle.”
“This could mean that Louboutin would not be able to stop its competitors, including haute couture fashion houses, from offering shoes with red soles. The red sole could therefore become ubiquitous, which would seriously reduce the cachet associated with the Louboutin brand,” Kapur clarified.
This could mean that Louboutin would not be able to stop competitors from using the red bottom details, including Haute Couture Fashion Houses. ⠀⠀⠀⠀⠀⠀⠀