On 9 March 2016, The Hague District Court referred the Dutch
case on the validity of Louboutin's red sole trade mark to the
Court of Justice of the European Union ('CJEU'). The legal
proceedings in The Netherlands were initiated by Louboutin in 2013
claiming that Van Haren (represented by Taylor Wessing The
Netherlands) infringed the Benelux trade mark rights of Louboutin
by selling ladies shoes with high heels having red soles. The
Benelux trade mark registration of Louboutin is shown above left.
Pictures of the shoes offered by Van Haren are shown above
right.
On 1 April 2015, the The Hague District Court rendered an
interlocutory decision in the matter, inter alia concluding that
the trade mark has characteristics of both a colour mark and a 3D
mark because the colour red is depicted (positioned) on the sole of
a high heel shoe. It also concluded that the trade mark has
acquired distinctiveness through Louboutin's use and that if
the trade mark is valid, Van
