Parisian luxury shoemaker Christian Louboutin, known for its iconic red soles, has lost a trademark lawsuit in Japan.
Louboutin claimed that Eizo Co. Ltd. sold shoes infringe intellectual property rights and sued for damages under Japan’s Unfair Competition Prevention Law.
Eizo, a shoe manufacturer and retailer founded in 1959, sold a women’s pump with a similar red sole, albeit made of rubber instead of leather. The court ruled against Louboutin on the grounds that the color red is a common aesthetic enhancement and that red-soled women’s heels were common before Louboutin entered the market. The court also stated that two decades of distribution in Japan and advertising according to usual commercial practices are not sufficient for Louboutin’s red soles to be considered genuine goods in Japan.
Louboutin clearly identifies its soles with its trademark and logo, and the court found that customers would not confuse the two marks. The court also considered the pricing in the market, since Louboutin, as a luxury brand, charges premium prices and Eizo sells at lower prices, which also rules out confusion between the two brands.
This translated post previously appeared on FashionUnited.uk.