1. Article 3(1)(e)(iii) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign consisting of a colour applied to the sole of a high-heeled shoe, such as that at issue in the main proceedings, does not consist exclusively of a ‘shape’, within the meaning of that provision.
Christian Louboutin and Christian Louboutin SAS v. Van Haren Schoenen BV Directive 2008/95/EC, Arts. 2, 3(1)(e)(iii).
“Louboutin and Christian Louboutin”,
IIC - International Review of Intellectual Property and Competition Law,
2018, 1-1, DOI: 10.1007/s40319-018-0743-x