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Christian Louboutin is back in court to protect his signature red background. The French wants to prevent the Dutch chain Van Haren from selling iterations of his red soles. ⠀⠀⠀⠀⠀⠀⠀
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According to Vogue UK, the European Court of Justice has informed the Dutch court that the protection of the Louboutin brand could be invalid.
"A mark combining color and form may be refused or declared invalid for the reasons provided for by EU trademark law", according to the CJEU.
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This could mean that Louboutin would not be able to prevent competitors from using red background details, including Haute Couture fashion houses.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.
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