Christian Louboutin has succeeded in recent proceedings against a Brazilian footwear company in the Appellate Court of Sao Paulo for infringement of intellectual property rights. Louboutin issued proceedings against the Brazilian company based on trade dress and copyright infringement over its use of the Louboutin famous red sole. Louboutin do not have registered rights in Brazil for the red sole and thus the Brazilian company attempted to defend the claim on that basis. The court sided with Louboutin and stated that although the name and brand of a company are the main distinctive signs when identifying products and services of a company, it is also the case that “in a specialised market such as fashion, there are other traits employed by different designers in their works that over time can become synonymous with the brand itself.” Of which includes “graphic-visual elements developed precisely for the purpose of distinguishing a company’s products from those of their competitors.” The court ruled the Louboutin red sole fell within that realm. An injunction has been granted preventing the Brazilian company from manufacturing and offering up high heeled shoes bearing a similar red sole to Louboutin’s. 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. in: Case Law, Companies, Consumer Law, Copyright, Legal News, News, Passing Off, Trade Marks
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