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Christian Louboutin Back In Court Protecting Red Sole Trademark

May 12, 2015 03:44 PM EDT
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Louboutin red bottom shoes
(Photo : Getty Images/Chris Jackson ) Storied footwear designer Christian Louboutin is protecting his red sole trademark for the second time in three years.

Storied footwear designer Christian Louboutin is protecting his red sole trademark in court for the second time in three years. 

After defeating Saint Laurent in New York courts back in 2012, the brand currently holds a valid U.S. trademark on its signature red soles (as long as it's in contrast to the shoe's main color). This time around, Louboutin must appear in the highest court in the EU legal system, the Court of Justice of the European Union. 

Louboutin took Dutch shoe brand Van Haren to court in 2013 over its red-soled "5th Avenue by Halle Berry" style, according to Business of FashionThe court ordered the brand to cease production and sale of that shoe, but, in 2014, Van Haren appealed the decision. The brand argued that the red sole "lacks distinctiveness," and in Brussels distinctiveness is legally required for any official trademark.

In July 2013, Louboutin also settled its lawsuit against fellow shoemaker Charles Jourdan in New York federal court. Louboutin claimed that Jourdan and shoe retailer DSW infringed on the brand's red-sole trademark when it sold shoes with red soles.

Many large luxury retailers are currently involved with trademark infringment lawsuits.  

News broke last month that Adidas is suing Marc by Marc Jacobs over copyright infringement. A track jacket from Jacobs' spring 2014 collection features four stripes on the arms, which is similar to Adidas' signature three stripe trademark.

Additionally, Adidas is also accusing Isabel Marant of copying its Stan Smiths — both styles have a distinct red heel tab.

Raf Simons' fall 2014 Dior sneaker pump design was also blatantly imitated by Jeffrey Campbell.

FOLLOW: Christian Louboutin, trademark infringement

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