CJEU Brings AG Szpunar to Heel in Finding Louboutin Registration to be Valid

Emma Flett and John Patten have authored an article regarding the Grand Chamber of the Court of Justice of the European Union's ruling in Louboutin v Van Haren Schoenen BV.

"After two trips to the Advocate General, who on both occasions found to the contrary, the Grand Chamber of the Court of Justice of the European Union has ruled in Louboutin v Van Haren Schoenen BV1 that Louboutin’s famous mark consisting of the colour red applied to the sole of a high-heeled shoe is not a shape mark and therefore not subject to the prohibition on the registration of “signs which consist exclusively of … the shape which gives substantial value to the goods” under the Trade Marks Directive art.3(1)(e)(iii)."