Does the color specially belong to everyone, or someone? This is a problem. For the French high-end shoe brand Christian Louboutin, this is a judicial issue, pointing to the depths of the “soul.”
It is no exaggeration to say this. Christian Louboutin applied for a patent for the Christian Louboutin red bottom heels replica, but still can’t stop the “red sole” action of the major fashion shoes brands. In the past ten years, Christian Louboutin has brought many brands to court in the name of fighting against knock-off products. The recent trial of the European Court of Justice may ruin its road to maintenance of patent right.
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People who have seen “Sex and the City” probably know the Christian Louboutin booties replica that Carrie Bradshaw marveled at “Hello, Lover!”.
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Recently, Maciej Szpunar, one of the advocates general of the European Court of Justice, said that shapes and colors cannot be registered as trademarks. The opinion of the advocates general is not representative of the European Court’s resolution, but in general, the court hearing will generally follow the judgment of advocates general. Many media commented that this means that Christian Louboutin may not have the patent right to use Christian Louboutin red bottom heels replica as an exclusive trademark in Europe.
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Generally, Christian Louboutin did not comment on the progress of the judiciary. This time, Christian Louboutin couldn’t help but responded that “Szpunar’s opinion just supports our brand appeal. Because in general, the red sole itself has no special value, but the only reason why the red of Christian Louboutin red bottom heels shows great value is that, after the promotion of the market, the masses usually associate this red with the Christian Louboutin brand.”
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Christian Louboutin Red Bottom Heels Replica Has Long Been Plagiarized?
Christian Louboutin is known for his Christian Louboutin red bottom heels replica, with an average selling price of $1,000. This design of red bottom was born in 1992, when his female assistant painted bright red nail polish, he was inspired by this scene. Later, this classic style other shoe brands often happened to share this same classic style. For example, the Dutch high-end shoe brand Van Haren started selling red-soled high-heeled shoes in 2012, which triggered the lawsuit and alerted the European Court of Justice.
Christian Louboutin said that since 2013, the brand has registered the “Christian Louboutin red bottom heels replica” trademark in Belgium, the Netherlands and Luxembourg, which referred in particular to “a specific red color used on the sole” (Pantone 18-1663TP) ).
Beginning in 2012, Christian Louboutin told the Dutch court that Van Haren, a Dutch high-end fashion retailer, allegedly infringed on his design patent of Christian Louboutin red bottom heels replica, and sold cheap red-soled high heels, Christian Louboutin hoped to seek legal protection. Christian Louboutin pointed out that Van Haren’s Fifth Avenue by Halle Berry series of high-heeled shoes infringed on the trademark of Christian Louboutin red bottom heels replica.
Dutch brand Van Haren believes that Christian Louboutin red bottom heels replica is an invalid trademark, anyone can use the design of the red sole. The Hague Tribunal requested the European Court to make a final ruling, and the advocates general stood on the side of the Dutch brand.
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Christian Louboutin Red Bottom Heels Replica’s Red Sole Is Like a Lipstick for Shoes
The founder of the namesake shoe brand, Christian Louboutin, was born in 1963 in a working family in Paris, France. When he was a teenager, he often skipped classes and soaked up in nightclubs to watch female models’ performances, and were attracted by the high heels they wore. At the age of 16, he dropped out of school to go to the French shoe industry center Romans-sur-Isere as an apprentice. “What kind of shoes to be worn to walk, are all the decoration of the body.” This is the spiritual motivation for him to become a high-heeled shoes’ designer.
Once, he saw the female assistant apply nail polish to her toes. The red color suddenly stimulated his inspiration, and the red color was applied to the sole of the shoe. This red color became the symbol of Christian Louboutin. “The red sole is like a lipstick applied to a shoe, which makes people unconsciously want to kiss, plus the exposed toes, which is even more sexy,” he said.
If the European Court of Sentence It Is an Ineffective Prosecution, Christian Louboutin Will Not Be Able to Sue the Competitors.
The advocates general said in the announcement that in addition to the coloring of the soles, people will use red color in many cases. In this way, how to achieve the brand’s substantive functions through a color and define the brand?
Sanjay Kapur, a partner at law firm Potter Clarkson, said that if the court decides that the trademark of Christian Louboutin Red Bottom Heels Replica is invalid, Christian Louboutin will not be able to sue the competitors, and the style of red-soled shoes may become full of street, which is a heavy blow to its brand image.
Once the EU court jury has reached an unanimous decision, the case will be handed over to the Dutch court to finally decide whether Christian Louboutin red bottom heels replica can apply for trademark protection.
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Tiffany Blue and UPS Brown
The case has drawn a lot of attention in the global fashion world. According to the analysis of The New York Times, “This case shows a very complicated problem in the fashion industry: the designers in this industry have different design styles which therefore attract many worshippers, but among them what special things can and what else can’t be applied for a trademark?”
In the United States, Tiffany Blue is the color of the American Robin’s egg blue, and UPS Express is the eye-catching Pullman brown, both colors are in high-level commercial protection.
This is not the first time Christian Louboutin has defended his patent right of red sole. For ten years, Christian Louboutin had been in the French court against the Spanish brand Zara and the French brand EDEN SHOES because of the copyright problem of “red-soled heels”. At the same time, Christian Louboutin was also locked in a fierce battle with the French brand Yves Saint Laurent, for the patent right of red sole in the United States .
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Christian Louboutin Red Bottom Heels Replica’s Brand Protection
Although Christian Louboutin once used yellow to make soles, he has been the main brand of red-soled heels. Later, as long as the media mentioned Christian Louboutin, they must emphasize Christian Louboutin red bottom heels replica. This kind of media promotion is also a “double-edged sword”: Christian Louboutin red bottom heels replica’s distinctive characteristic of the red sole is very eye-catching and popular around the world. At the same time, it is easy to be referenced by peers, which has led to its risk of joining the sea of sameness. Christian Louboutin has no choice but to take legal measures to strengthen his patent right of red sole, this is also a last resort.
Because of his success, Christian Louboutin submitted materials to the French Industrial Intellectual Property Office (INPI) for the protection of the brand Christian Louboutin red bottom heels replica. Through brand protection, Christian Louboutin has exclusive a patent right to promote Christian Louboutin red bottom heels replica, this brand protection will be valid for 10 years and can be updated indefinitely.
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Christian Louboutin Once Lost to Zara
On April 7, 2011, Christian Louboutin filed a lawsuit in the federal court in Manhattan, New York, accused the French luxury brand Yves Saint Laurent of copying his creative design of red sole, demanded to stop the infringement and claimed a million dollars. Christian Louboutin eventually won an incomplete victory.
On May 26, 2009, Christian Louboutin sued EDEN SHOES, accused him of selling five types of red-soled women’s heels. Two years later, the Paris Grand Court ruled that EDEN SHOES’s practice undermined Christian Louboutin’s brand image, but did not identify this practice as “copying.”
When defending, EDEN SHOES questioned whether Christian Louboutin red bottom heels replica is truly unique, but did not question the existence of Christian Louboutin red bottom heels replica’s own property right.
Later, when Christian Louboutin sued Zara, Zara took another angle of pleading, and directly questioned the legality of Christian Louboutin red bottom heels replica’s existence.
On June 22, 2011, the judgment of the French Court of Appeal was very similar to that of the European Court of Justice. “The shape and color, if not clear enough, accurate enough, and lack of detailed description, will not have enough persuasion to be given different characteristics to distinguish the source of heels.” This means that Christian Louboutin can not say that his Christian Louboutin red bottom heels replica are different from other brands’ heels just based on the red soles. The court held that the price difference between the two brands was too great, and it would not interfere with the customer’s choice due to the simultaneous sale of red-soled heels, and rejected Christian Louboutin’s claim for compensation from Zara.
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