The French Court of Appeal recently upheld a decision of a lower court in favour of fashion retailer Zara in proceedings issued against it by Christian Louboutin. Louboutin claimed that Zara’s use of red soles on its open-toed slingbacks was in breach of its red sole trade mark and was likely to cause customer confusion with its own red soled slingback.

The lower court had found that Zara could sell its red soled shoes as, in its opinion, customers would not confuse Louboutins and Zara footwear. The court also held that Louboutin’s trade mark registration was too vague as it did not contain a specific Pantone colour reference for the red sole. This decision was upheld on appeal.

Louboutin has since filed a new trade mark application which includes a specific Pantone colour reference, namely “Chinese Red”.

Louboutin is also involved in litigation in the US against Yves Saint Laurent and, if the outcome of this case is also unfavourable for Louboutin, followers of fashion may begin to see an increase in red soled shoes from other brands on the market which seek to emulate the iconic Louboutin brand.

Contributed by  Leo Moore & John Farrell