Can A Colour Be A Shape? Christian Louboutin Update

In March 2016 we reported that The Court of The Hague referred the Christian Louboutin 'red-sole' case to the Court of Justice of the European Union.

To quickly recap, Louboutin had filed infringement proceedings against Benelux shoe retailer Van Haren Shoenen, who sold shoes with a red sole.

In response, Van Haren counterclaimed that the Benelux registration relied upon by Louboutin was invalid.

In February 2017, The Court of the Hague asked the Court of Justice of the European Union the following question:

"Is the Concept of 'form' in the sense of Article 3(1)(e)(iii) of Directive 2008/95 [sic] restricted to the three dimensional characteristics of the product (outlines, dimensions and volume thereof) or, does the Concept of Form also provide for other (non-three dimensional) properties of the product, such as colour?"