Red soled High Heels - Trademark Infrigement

Red Heel – Trademark Infringement

15.06.2018| Often we overlook the small things which consist a strange story of Intellectual Property Rights behind them and this news is absolutely for the same. If you live in Delhi NCR or nearby and come to have a chance to visit the exclusive red heel footwear Showroom of Christian Louboutin is available at DLF Emporio mall, New Delhi must be aware of luxury footwear design and quality.

The most important thing for the Louboutin footwear is the red color heels.

 

In this file photo dated Thursday, Feb. 26, 2015, former Alaska Gov. Sarah Palin wears Christian Louboutin shoes while she speaks during the Conservative Political Action Conference (CPAC) in National Harbor, Md., U.S.A..

Mr. Louboutin and Christian Louboutin SAS design high-heeled shoes for women. A particular feature of those shoes is that the outer sole is always red. Mr Louboutin registered that trade mark in Benelux for ‘footwear’ in 2010 and for ‘high-heeled shoes’ in 2013. The trade mark is described as consisting ‘of the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark)’. 

The Van Haren company operates shoe retail outlets in the Netherlands. In 2012, Van Haren sold high-heeled women’s shoes with red soles. Mr. Louboutin filed suit against Van Haren for infringement of the Trademark. It was submitted that shape of a product cannot be claimed under the Trademark laws and the same is not protected under the IP Laws. (“Christian Louboutin and Christian Louboutin SAS v Van Haren Schoenen BV”)

In this context the Court of Justice of the European Union give its opinion that the mark does not relate to a specific shape of sole for high-heeled shoes since the description of that mark explicitly states that the contour of the shoe does not form part of the mark and is intended purely to show the positioning of the red colour covered by the registration. The Court also holds that a sign, such as that at issue, cannot, in any event, be regarded as consisting ‘exclusively’ of a shape, where the main element of that sign is a specific colour designated by an internationally recognised identification code.

Christian Louboutin win the case as the Court give judgment in his favor. Indian Trademark authority can see the case as reference with respect to the difference between the shape of goods and the other basic qualities of the product. Next time you see the sandal with heels of red color remember it is a subject matter of Trademark.

Note: Trademark, Photos and other details used in this article belong to their respective owners and are used only for information purposes.