This latest development in the red sole saga concerns Louboutin's 2010 Benelux registration for "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)". This is the AG's second Opinion on the matter following the re-opening of oral proceedings for interested parties.
When is a colour not just a colour? Advocate General's opinion on the colour red applied to the soles of shoes
When the designer Christian Louboutin first applied nail varnish to the sole of a stiletto shoe, little did he realise the uphill struggle that would ensue in obtaining and maintaining trade mark protection for the red sole. In this blog, we look at the latest development in this saga and the Advocate General's opinion concerning Louboutin's Benelux trade mark