Louboutin Bid for Red Sole Trademark May Get Squashed

摘要

Fashion designer Christian Louboutin may not be able to register his iconic red soles as a trademark for high-heeled shoes because of European Union restrictions on registering some shapes, an advisor to the EU's highest court said June 22 (Louboutin v. Van Haren Schoenen BV, E.C.J., Case C-163/16, advocate general opinion 6/22/17). The decision will affect the fate of Louboutin's trademark registration in Benelux, the political union of Belgium, the Netherlands, and Luxembourg, and the interpretation of EU-wide law on protection for potentially functional trademarks.