By Kajol Kapadia
Can someone own a color on a sole? According to a recent (June 2018) verdict regarding a lawsuit filed by Christian Louboutin against the Dutch retail company, Van Halen, the iconic lacquer red used by the well-known French company, yes, someone can.
Christian Louboutin first filed against the brand Van Halen five years ago, claiming that the company had infringed upon its trademark of red-bottomed shoes. Over the years, Christian Louboutin has filed multiple claims against companies across the globe regarding the same issue, whether using red paint on the soles of shoes constituted as an infringement of the brand’s trademark.
When arguing a similar case against Yves Saint Laurent in the United States, the courts ruled in favor of Christian Louboutin.
The company, in its never-ending quest for brand protection, equally filed against a business in India seeking to protect copycats from using red soles in stiletto shoes, was vindicated when the courts ordered compensation to be made to the French company because of the damage that was done to it.
But the road to this latest ruling has not been easy in all courts all the time.
While these rulings seem to indicate that most countries ruled in favor of the luxury brand, Swiss courts ruled against the company — claiming that the red soles were purely aesthetic details rather than a trademark. Regardless, after a five-year-long dispute, pertaining to the red paint used on the soles of Louboutin shoes, the European Union maintained that Christian Louboutin’s red-soled shoes are trademarked because they are distinct indicators of the brand.
Now, in all countries that are members of the European Union, Christian Louboutin red lacquer sholes are protected. According to global branding attorney Marcos E. Garciaacosta “People must not forget that trademark and intellectual property protection need to be pursued in a country by country basis, so what is protected in one place, may not meet the requirements in a different country”