Sole ownership? Louboutin loses appeal in French court in trademark dispute with Zara over signature soles on shoes *

France - July 16 2012
In May, high-end French footwear designer Christian Louboutin suffered yet another loss in its ongoing legal battle over its iconic red-soled shoes.  On May 30, 2012, the Cour de Cassation—the highest French court of appeals—determined there was no risk of consumer confusion between a red peep-toe platform heel with  red soles sold by Spanish fashion retailer Zara and Louboutin’s own “Yo Yo” design, a nude peep-toe platform heel with his signature red soles.  In denying Louboutin’s claims, the court found its French trademark specifications (the description of the mark) to be too vague, noting the absence of a specific Pantone color reference in Louboutin’s trademark.  And, in ruling against Louboutin, the court ordered him to pay approximately $3,600 in litigation costs to Zara France, pursuant to Article 700 of the Noveaue Code de Procedure Civile.

Co-authors: Marcella Ballard , Victoria R. Danta .

Sole ownership of a color? Louboutin loses appeal in French court in trademark dispute with Zara over signature soles on shoes *

France - July 16 2012
In May, high-end French footwear designer Christian Louboutin suffered yet another loss in its ongoing legal battle over its iconic red-soled shoes.

Co-authors: Marcella Ballard , Victoria R. Danta .