A heeling touch: Christian Louboutin wins fight to protect trademark red sole against Delhi shoe store fakes
- Delhi High Court granted a permanent injunction to the luxury shoe designer
- Shoe stores were found to be infringing the red-lacquered sole trademark for at least 15 months and 45 pairs of offending shoes were recovered
- See more news from India at www.dailymail.co.uk/indiahome
In the eternal fight of the luxury brands to keep their trademark designs protected from infringement and fakes, the high-end designer shoe brand Christian Louboutin won a legal battle against three Delhi-based shoe stores that were found infringing on its trademark red sole design.
The luxury shoe brand had moved the high court seeking a permanent injunction against the shoe stores from the use of its distinctive design, and it was granted by the Delhi High Court on Tuesday.
The high court also awarded approximately Rs 10 lakh to the brand as damages and litigation cost.
Shoe brand Christian Louboutin, named after its French designer (pictured) is known for its distinctive red-soled heels
Speaking to Mail Today its counsel Pravin Anand said: ‘What started off as serendipity that is Christian Louboutin painting the bottom of the shoe with a red nail polish, has now become the world famous brand.
‘The interesting thing is that the order speaks volumes of the maturity of Indian courts and it is quite clear that red is the soul of the order.’
The premier shoe brand told court that the violation by these stores came to light during an extensive market survey conducted in 2016. It found out about three shoe store sellers operating in Karol Bagh and Ghaffar market using its trademark design.
Shoe stores were found to be infringing the red-lacquered sole trademark for at least 15 months and 45 pairs of offending shoes were recovered
It also found out that these shopkeepers were selling these products on social media platforms.
The court was told: ‘A shoe with a red sole clearly identifies the product and distinguishes it from the goods of every other person.
The ‘Red Sole’ trademark has thus become the signature of the plaintiff.’
The Delhi HC during the course of hearing appointed an independent investigator which confirmed the allegations of the brand.
The court observed that Louboutin was a well-known luxury brand with a presence in over 60 countries including India through stores and on the internet. It also observed that it had successfully enforced its rights in the said trademarks.
The ‘Red Sole’ trademark has been applied for trademark registration and granted in several jurisdictions including in India.
Shoe stores were found to be infringing the shoes for at least 15 months and 45 pairs of infringing shoes were recovered from the stores.