Green Light For Louboutin's Red Soles

After a lengthy trade mark dispute, French shoe designer Christian Louboutin has been given the green light for his famous red soles by the Court of Justice of the European Union (CJEU). In a perhaps unexpected decision in Louboutin's favour, the CJEU indicated that the red soles are capable of protection as a trade mark within the EU.

The judgment could be seen to signal a change in direction of the courts in connection with colour marks. Typically, the courts have been reluctant to allow registration of colours, taking the position that consumers are not accustomed to perceiving colours as trade marks – that is, they may not perceive a colour as a sign which designates the origin of goods or services of a specific undertaking.