Designer Christian Louboutin’s shoes are known the world over for their signature lacquered red soles. But while the court of public opinion recognizes that red soles are the designer’s trademark, a court of law in Europe does not see things the same way.
Louboutin had filed a trademark suit against a Netherlands based high street chain – Van Haren – that was selling high heels with red soles. While Van Haren was initially forced to stop production of red soled shoes back in 2013, the company and many others may now had the opportunity to create red soled shoes as the European Court of Justice stated, “A trademark combining color and shape may be refused or declared invalid on the grounds set out under EU trademark law.”
While Louboutin has successfully won red sole trademark suits in the US and India and his red soles have won trademark status in Australia, China, and even Russia, however, in Switzerland this trademark was not recognized.