Louboutin question asked to the CJEU- Colour? Shape?

Another development in the long running Louboutin red sole case has emerged.

A preliminary ruling question has been asked to the Court of Justice for the European Union asking for clarification in relation to the definition of ‘shape’ in relation to the absolute grounds for refusal under Article 3 (e)(iii) of the Trade Mark Directive 2008/95.

Their key question was whether the definition is limited to three-dimensional shapes or whether two-dimensional shapes can be considered which would include a colour.

The outcome and answer from the court is eagerly awaited as it could revolutionise the protection given to colours as well as the approach towards shapes as a trade mark.

While not everyone will be interested in the shoes, many will be interested in the colour.

By Ellis Sweetenham