Judgment decided in Louboutin Trademark case.

Judgment decided in Louboutin Trademark case.

The Court of Justice of the European Union (CJEU has handed down its judgment in Roland v Louboutin and OHIM. It dismissed the final challenge to Christian Louboutin’s European Trade Mark for the colour red applied to the sole of a shoe. Roland SE, is a manufacturer and distributor of electronic musical instruments and they had originally opposed the trade mark on the basis of the red in its own trade mark.

Louboutin’s trademark has been subject to several years of legal disputes. In the USA in 2012, the trade mark was limited to shoes where the red sole contrasts with the “upper” of the shoe. The Community Trade Mark (CTM) application was originally rejected by the trade mark examiner, then accepted by OHIM. It was then opposed by three companies, however all of the oppositions were rejected. This judgment gives a final answer to the two appeals launched by Roland SE against OHIM’s decision to refuse its opposition to the trade mark.

Louboutin’s red shoe sole are known as nontraditional trademarks and are widely accepted in Europe, so it is not surprising that the Court has upheld Louboutin’s trade mark. This decision is good news for Louboutin. It means they will be able to continue defending its trade mark against competitors that manufacture or sell other shoes with red soles here in Europe-action they have taken before.

CTM

EU Trademark

EU Trade Mark

OHIM