FRIDAY, 3 JUNE 2016
Louboutin soles: now the CJEU gets involved
A new reference is on its way from the Netherlands to the Court of Justice of the European Union: it's Case C-163/16, Louboutin et Christian Louboutin. As readers might guess, this is the latest in a protracted series of red sole cases involving a much-desired and much-emulated fashion icon -- the Louboutin red sole.
The question referred for the court's consideration is this:
Is the notion of ‘shape’ within the meaning of Article 3(1)(e)(iii) of Directive 2008/95/EC to approximate the laws of other Member States relating to Trade Marks limited to the three-dimensional properties of the goods, such as their contours, measurements and volume (expressed three-dimensionally), or does it include other (non three-dimensional) properties, such as their colour?
If you would like to comment on this case and advise the UK IPO as to whether the UK should make representations, just email email@example.com by 14 June 2016 and tell them what you think.
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