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- Title
AG Szpunar confirms that there is a way out of invalidation for the Louboutin red sole trade mark.
- Authors
Rosati, Eleonora
- 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.
- Subjects
TRADEMARK lawsuits; TRADEMARK licenses; CHRISTIAN Louboutin SA; ACTIONS &; defenses (Law)
- Publication
Journal of Intellectual Property Law & Practice, 2018, Vol 13, Issue 7, p518
- ISSN
1747-1532
- Publication type
Article
- DOI
10.1093/jiplp/jpy047