Yes, this post is about the colour red. This colour is the main subject of a recent decision of the Court of First Instance (T631/14).
On one hand, red is the colour of the sole in the famous position mark of Louboutin. Against this trademark the company Roland filed an opposition based on their trademark my SHOES, with a red rectangle.
We have to admit that we had to look twice at these marks: what is the problem all about? Well, the colour red is the problem. In the eyes of Roland, but nobody agrees with this opinion. The OHIM rejected the opposition. Roland appealed this decision and asserted that the words my shoes are not distinctive elements and that according to research the colour red is the most effective colour in a logo (and thus dominant). The Board of Appeal is not impressed and states in the decision that the signs “do not share any relevant similarity”. Quite clear!
But Roland continues the fight, against all odds. And loses again, now before the Court of First Instance. Hopefully for Louboutin now forever.
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“Trademark protection gives freedom to do business.”