Louboutin initially
sued Zara back in 2008 for selling an open-toed red-soled shoe for €49 (£39.64)
which it claimed was similar to its Yo Yo model but Zara filed an appeal on the
grounds that there could be no proven risk of confusion between Zara’s footwear
and that which Louboutin sells.
The court agreed with
Zara but Louboutin then appealed against this ruling.
Last week The French
Cour de Cassation, which is the final court of appeal, upheld the
decision in favour of Zara and ruled that Louboutin pay Zara €2,500 (£2,000) in
compensation.
In the initial ruling
dated June 22, 2011, the court of appeal said the terms of Louboutin’s
trademark registration were too vague, noting that it did not contain a Pantone
colour reference for the red soles.
It said Louboutin has
since cancelled that trademark and filed a fresh one containing additional
information, including the Pantone shade in question.
Last week’s ruling by
the Cour de Cassation determined that there was no legal or procedural error in
the case.
Alexis Mourot, group
chief operating officer and general manager of Christian Louboutin, said the
company was determined to continue defending its red soles.
Louboutin has also
accused designer Yves Saint Laurent of copying his famed red-soled footwear,
resulting in a high-court appeal case, the verdict of which is yet to be
decided.
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