AG Szpunar confirms that there is a way out of invalidation for the Louboutin red sole trade mark

Rosati, Eleonora (2018) AG Szpunar confirms that there is a way out of invalidation for the Louboutin red sole trade mark. Journal of Intellectual Property Law & Practice, 13 (7), 518-520. (doi:10.1093/jiplp/jpy047).

Record type: Article

Abstract

Opinion of Advocate General Maciej Szpunar in Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV, C-163/16, EU:C:2018:64, 6 February 2018

In his second Opinion in this case, Advocate General (AG) Szpunar has substantially confirmed the view taken in his first Opinion: the Louboutin red sole trade mark may potentially fall within the absolute ground for refusal concerning signs consisting exclusively of a shape that gives substantial value to the relevant goods, but the assessment required should not give account of the reputation of the trade mark at issue.

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AG Szpunar confirms that there is a way out of invalidation for the Louboutin red sole trade mark - Accepted Manuscript

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