In a recent decision in the Cour de cassation (being the highest court in France and equivalent to the UK’s Supreme Court), an anonymous seller has been ordered to pay €15,000 in criminal fines, €100,000 in customs fines and €120,000 in respect of damages to Christian Louboutin following seizure of 12 pairs of counterfeit Louboutin shoes and 628 bags.
Despite the Defendant’s argument that the famous Louboutin red sole trade mark was functional and lacked distinctiveness, the Court confirmed its validity. On this point, the Court stated that the red that is applied to the bottom of the high heeled shoes is a Pantone-specific red, is arbitrary and is capable of distinguishing origin.
Whilst the Defendant argued that the penalty fines imposed were not proportionate, the Court affirmed that they were appropriate given that the cumulative total of the fines is less that the maximum statutory sanction available.
Whilst the the sanctions imposed here by the French Court appear to be quite severe, it is a clear signal that the French authorities are keen to tackle the rise in availability and demand of goods in the counterfeit luxury goods market.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com
