The Advocate General of the European Court of Justice has published his opinion on the Christian Louboutin’s – Van Haren case. You know, the one about the ‘red sole trademark.’
After Louboutin sued Van Haren for its “Halle Berry”-collection pumps with red soles, the Dutch shoe retailer struck back by appealing the decision. Now the case is at the highest European Court. The court is being advised by the Advocate General, who acknowledges that the colour of a shape can, potentially, be a trademark.
Maciej Szpunar, the Advocate General, issued his opinion stating that the European Trademark Directive could, in fact, apply to and protect a shape in combination with a color (in this case, bright red high heels). Good news for Louboutin, you would say.
If this will hold up with the European Court, remains to be seen. A final ruling is expected within the next several months.
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