Advocate general delivers opinion on Louboutin’s red sole trademark

European Union

The advocate general of the European Court of Justice has delivered his opinion in Christian Louboutin v Van Haren Schoenen BV, stating that the prohibition contained in Article 3(1)(e)(iii) of Directive 2008/95 could potentially apply to Louboutin’s red sole trademark. He stated that Louboutin’s trademark did not consist of a colour per se; rather, it was classified as consisting of the shape of the goods and seeking protection for a colour in relation to that shape.

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