FTCC | Studio Legale Associato


European Case Law

Court of Justice (Grand Chamber), 12 June 2018, in case C–163/16 (Christian Louboutin and Christian Louboutin Sas v van Haren Schoenen BV)

Directive 2008/95/EC — Article 2 — Article 3(1)(e)(iii) — Trade marks — Absolute grounds for refusal or invalidity — Sign consisting exclusively of the shape of the product — Concept of ‘shape’ — Colour — Position on a part of the product

Article 3(1)(e)(iii) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign consisting of a colour applied to the sole of a high-heeled shoe, such as that at issue in the main proceedings, does not consist exclusively of a ‘shape’, within the meaning of that provision.

categoria:European Case Law