“That is because the color of the sole cannot be regarded as separate from the shape of the only, Szpunar said, and contours are usually not protected under EU trademark law. “A trademark combining colour and contour might be denied or declared invalid on the grounds set out under EU trademark law,” that the ECJ said in a statement.The comment is not binding, but the ECJ tends to stick to the opinions of its advocates in its own rulings. Which means the attempt to patent a shoe color and design will soon be kicked out, and open the door to more knock-offs. Szpunar said his analysis focused solely on the dilemma of the shape of soles and not on what the iconic red lone may be worth to the new — he took “no account of (the) beauty of the goods flowing from the reputation of the mark or its owner”. “Whilst relevant consumers may immediately recognize a red sole shoe being associated with Louboutin, attempting to convince the courts to grant monopoly rights with such a ‘badge of origin’ might be an insurmountable obstacle,” said Sanjay Kapur, spouse at intellectual property firm Potter Clarkson LLP.
From shoes to nail polish, and now launching a new lingerie line, Christian Louboutin is slowly expanding its potentials. The Lingerie Line is made in collaboration with Dita Von Teese and it’s going to be called the ‘XXXtian’, purposely because it got the x-appeal.
READ: Christian Louboutin New Nail Polish Collection
Now, the collection will consist of seven pieces, they include suspenders, bodice and bra. The prices will range between 80 to 800 euro’s.
Christian Louboutin is already famous for their dangerous red shoes with black soles, and now adding the lingerie line will only make them more irresistible. For those that are interested, these accessories will not be available at Louboutin’s e-store, but via the fashion website Glamuse. And to make it even disappointing for some of you, it will only be available in Europe.
Pictures courtesy of: WWD