Courts Reject Louboutin's Latest Plea to Register Red Sole As A Trademark in Switzerland

Luxury shoe designer Christian Louboutin has received yet another set back in an attempt to register its red sole shoe as a trademark in Switzerland - this time from the country’s highest court - the Federal Supreme Court of Switzerland in Lausanne, whom rejected the luxury footwear brands appeal to register the colour red as a trademark. 

Louboutin had argued that the bright red outsole of the brands shoe was an original and distinctive feature, and thus worthy of trademark protection. The five Lausanne judges, who had to judge the case, saw it differently. They came to the conclusion that the red coloring of the sole was merely an 'aesthetic element of style.'

The decision, thus confirms the judgment of the Swiss Federal Administrative Court, in April of last year here - where the court concluded that that “the bottom of a woman's shoe sole is basically no position at which the attachment of a brand appears” and that “the relevant public in this case, mainly female purchasers...would see colour or in this case see red soles with high-heeled women's shoes primarily as a decorative element and not as a trademark.”

The designer tried to argue that the red sole had received protection in other countries, and the courts erred that the fact that Louboutin red-soled shoes have trademark protection in the European Union, and in other countries like China, Russia or Australia, does not constitute a legal precedent, and does not mean that the brand is entitled to the same level of protection in Switzerland. 

Louboutin's red sole shoes have been at the centre of various trademark disputes over the past few years, and this latest case highlights the limits of trademark law for protection of a colour in Switzerland and the varying approaches of the courts around the globe.

In 2013, in Belgium - Louboutin filed a trademark infringement claim against Adams Footwear in Belgium. The Brussels Court of Appeal ruled in favor of Louboutin.

Louboutin also filed a U.S. trademark infringement against French fashion house Yves Saint Laurent in 2011, over the rights to the red sole shoe, in which the courts eventually found in Louboutin favour.

The luxury shoe brand has also litigated on the matter in Japan, France, Netherlands, Germany, and the EU - which has been met with mixed judgements.

The case highlights the territorial nature of intellectual property law and the securing intellectual property rights . Despite moves towards international harmonisation of the IP system, through legislation such as TRIPS each country has a specific approach to the registration and enforcement of IP laws - which is important for designers to be aware of before they embark on doing business in a particular market or territory.