How can a simple sentence determine the fate of a multi-million dollar brand?
In the dispute over Christian Louboutin’s red sole, what was crucial was not only what was registered as a trademark, but how it was described.
The trademark description clearly stated that “its subject matter is the colour red; the mark consists of a red-lacquered shoe sole; the dotted lines are not part of the mark, but are intended solely to indicate the position where the trademark is placed”.
And it was precisely this description that was of the most importance in this case!
Thanks to this, the protection did not cover ‘the shoe as a whole’, but a specific element – the red sole.
The exclusion of the dotted lines clearly showed what is not part of the mark.
The precise indication of the colour and its location limited the scope for interpretation.
That is why it is often not the logo itself that provides protection; how you describe it significantly strengthens it!
