Bloomberg Law
Feb. 6, 2018, 5:39 PM UTC

Louboutin Runs Into Skeptical EU Court in Red Sole Trademark Bid

Peter Leung

Fashion designer Christian Louboutin’s attempt to register his iconic red soles as a trademark for high-heeled shoes may run afoul of European Union restrictions on registering some shapes, an adviser to the EU’s highest court said today.

A Court of Justice of the European Union advocate general pointed to a EU prohibition against trademark registrations for shapes that give “substantial value” to the goods, which comes from Article 3(1)(e)(iii) of the directive on trademarks. That prohibition could apply to Louboutin’s registration, which consists of the shape of a high-heeled shoe’s sole in a particular color, Advocate General Maciej Szpunar said. ...

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