Christian Louboutin has been handed a loss in a legal battle over its red sole trademark in Japan. The Tokyo District Court dismissed Christian Louboutin’s unfair competition case, determining that the celebrity-favored footwear brand fell short in showing that its red sole trademark maintains the necessary level of secondary meaning to act as a trademark.

Louboutin produced evidence such as consistent use of the red sole in Japan for more than 20 years, revenues generated, advertising expenses and consumer surveys. Unpersuaded by the evidence, the Tokyo District Court found that the color red “has been commonly used on shoes [in the Japanese market] to enhance the aesthetic appearance and attract consumers”.

🔗Source: https://www.thefashionlaw.com/louboutin-handed-a-loss-in…/