Christian Louboutin SAS v. Abubaker & Ors, No.
890/2018 (May 25, 2018)
One step forward and one step back. Such is the path for
Christian Louboutin in his ongoing battle to enforce trademark
rights in his famous red sole around the world. The High Court of
Delhi held in July 2018 that the designer's red sole is not
protectable as a trademark in India. The decision came shortly
before the Grand Chamber of the Court of Justice of the European
Union ("CJEU") came to the opposite conclusion. According
to the Delhi High Court, a single color is not capable of trademark
protection.
In 2016, Louboutin brought an infringement action in India
against retailers that colored the soles of women's footwear
red before selling them. Louboutin alleged infringement by passing
off and sought an injunction and damages. The High Court of Delhi
held that Louboutin failed to state a cause of action because its
registered trademark was incapable of protection under Indian
trademark law.
