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ELAINE O’HARE

Christian Louboutin takes key step forward in battle to protect his trademark red soles

The Times

Christian Louboutin won an important victory in his battle to protect his signature red soles as a trademark in Europe this week. The Court of Justice of the European Union’s (CJEU) decision gives the green light to brands in the fashion and luxury goods sector to try to use trademark registrations to monopolise certain product features.

Should we expect a rush of trademark applications for blue soles, pink collars or mauve handbag straps? Not necessarily. A key requirement remains that colours can be registered as trademarks only if they have acquired distinctiveness through use. Louboutin’s red soles managed to achieve this through the huge reputation — one might even say cult following — that he has built over many years, including the high-profile endorsement of