Toronto Star

Don’t step on these red-soled shoes

Women look at Christian Louboutin shoes on display at Davids in Toronto. Christian Louboutin fought for the protection of his branded stilettos

- STEPHANIE BODONI

French designer Christian Louboutin won a fight over trademark protection for his iconic red-soled stiletto shoes.

The ruling by the EU Court of Justice in Luxembourg on Tuesday said the colour isn’t covered by limits on trademark protection for the shapes of products. EU trademark law includes such a ban when the shapes are purely functional.

Tuesday’s decision is a boon to fashion houses and brands that use colour to stand out from the competitio­n. The decision is totally at odds with the advice from a court aide, who said Louboutin’s red soles could potentiall­y be affected by the prohibitio­n.

“This could be a landmark case of considerab­le value for those brands who use distinctiv­e colours as part of their trademarks and a blow to competitor­s looking to mimic their products,” said John Illsley, a London-based director at accountanc­y firm Moore Stephens.

“The commercial impact is that brands that have invested heavily in branding and product positionin­g based on dis- tinctive trademarks should be able to protect their brands against competitor­s seeking to gain an unfair advantage,” he said. A mark consisting of a colour applied to the red sole of a shoe “is not covered by the prohibitio­n of the registrati­on of shapes,” the EU judges said in their decision.

The case will go back to a court in The Hague, which had sought the EU tribunal’s advice in a dispute between the French fashion designer and a Dutch retail shoe shop that started selling red-soled women’s shoes, arguing that Louboutin should never have gotten a trademark protection in the first place.

The ruling strengthen­s Maison Christian Louboutin’s trademark protection, the French company said in a statement.

“For 26 years, the red sole has enabled the public to attribute the origin of the shoe to its creator, Christian Louboutin.”

Louboutin said it expects the tribunal “to confirm the validity of the red sole trademark.”

“Brands that have invested heavily in branding and product positionin­g … should be able to protect their brands …” JOHN ILLSLEY LONDON-BASED DIRECTOR

 ?? AARON HARRIS/TORONTO STAR FILE PHOTO ??
AARON HARRIS/TORONTO STAR FILE PHOTO

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