Louboutin's red sole: his assistant's nail varnish on a too-dominant black sole; the US Second Circuit in September 2012 (valid when it contrasts; YSL's all-red shoes not infringing); the EU's top court on 12 June 2018 (not a shape mark)
The European case was brought against Van Haren, a Dutch shoe retailer.
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The post, as it ran
01CHRISTIAN LOUBOUTIN'S RED SOLE STARTED WITH HIS ASSISTANT'S NAIL VARNISH.
02HE FELT THE BLACK SOLE ON A PROTOTYPE WAS TOO DOMINANT, SO HE PAINTED IT RED.
03IN SEPTEMBER 2012 A US APPEALS COURT RULED THE RED SOLE A VALID TRADEMARK WHEN IT CONTRASTS WITH THE REST OF THE SHOE.
04THE SAME COURT FOUND THAT SAINT LAURENT'S ALL-RED SHOES DID NOT INFRINGE IT.
05ON 12 JUNE 2018 THE EU'S TOP COURT RULED THE RED SOLE IS NOT A SHAPE TRADE MARK, BACKING LOUBOUTIN.