The issue of a crowded market - that is, prevalence of similar
brands in the same commercial field - was referred to in various
fashion and footwear decisions in 2023. From gold-soled heels to
parallel varsity stripes and horse-and-rider polo motifs, what can
brands learn about protecting their marks in seemingly saturated
markets?
"There is no such thing as a new idea. It is
impossible. We simply take a lot of old ideas and put them into a
sort of mental kaleidoscope”
Mark Twain
SHOE SOLES
Obtaining a proprietary right in a coloured shoe sole is a
well-trodden path with Christian Louboutin obtaining controversial
protection for its iconic red shoe sole in a number of territories.
An EU trade mark application by Yeshua Investment Consulting LLC,
for a metallic gold shoe sole, was recently rejected by the EUIPO.
Interestingly, and like the Louboutin trade mark, this application
was expressed as a position mark where the colour gold is applied
to a specific
