Laboutin and another v Van Haren Schoenen BV

European Union – Trade marks. Article 3(1)(e)(iii) of (EC) Directive 2008/95 had to 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, did not consist exclusively of a 'shape', within the meaning of that provision. The Court of Justice of the European Union so held in proceedings between Christian Louboutin and an associated company and Van Haren Schoenen BV concerning the sale, by the latter, of shoes which allegedly infringed the trade mark owned by Mr Louboutin.

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