We talked earlier about Louboutin. This shoe designer is known for its unconventional trademark, a bright red sole. Despite some struggles this trademark has been registered in the European Union. Moreover, on the basis of this trademark Louboutin could block a shoe with a red sole of a Dutch discounter.
Now this brand is likely to be tested again: the Dutch company Soebedar Holding filed an application in the European Union of a shoe with an orange sole. Is orange similar to red? In other words, what is the scope of protection of the trademark of Louboutin?
This would be an interesting sequel on the red sole cases but first the trademark of Soebedar will have to pass the examination, which will probably be a difficult step to take.
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“Trademark protection gives freedom to do business.”