Louboutin and the Pantone Red color n. 18.1663TP

The European Court of Justice, with the sentence of 12 June 2018, case C-163/16, recognized to the French designer Christian Louboutin, the exclusivity of the red (Pantone n. 18.1663TP) varnish sole.

The European Court of Justice says that the disputed mark is not exclusively constituted by the form: the object of the sign is a color specified with an internationally recognized identification code. A sign consisting of a color applied to the sole of a high heel, such as that which is the subject of the proceedings against the Dutch footwear company Van Keren, is not exclusively constituted by the form.

This is a “position mark” which therefore covers Louboutin's exclusive right.

The definitive decision be up to the Hague Tribunal

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