Louboutin’s court fight for right to red soles

CHRISTIAN LOUBOUTIN, the shoe designer, could lose the right to trademark his red soles after a court adviser said he may not be entitled to stop others from selling the same kind of sole.

The trademark which prevents other shoe designers from replicating redsoled stiletto heels may be invalid because it combines both colour and shape, according to an advocate general at the European Court of Justice.

Louboutin’s trademark covers “the colour red (Pantone 18 1663TP) applied to the sole of a shoe”. At the centre of the legal argument is whether or not “shape” includes colour. If it does, the trademark can be ruled invalid.

This could open the floodgates for copycat shoes to be freely made, potentially damaging Louboutin’s reputation.

“A trademark combining colour and shape may be refused or declared invalid on the grounds set out under EU trademark law,” the ECJ said.