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December 15, 2017

Louboutin’s “Red Sole Trademarks” found to be well-known marks

The Delhi High Court (vide its December 12, 2017 order) has found Christian Louboutin SAS’ “Red Sole Trademarks” to be well-known marks. The reasons for such finding, as extracted from the order, are as follows –

• The plaintiff is well-known luxury brand with presence in over 60 countries including India;

• The plaintiff has been using its ‘RED SOLE’ trademarks extensively and continuously since 1992;

• The plaintiff’s ‘RED SOLE’ trademarks are known to customers throughout India;

• The plaintiff is recognised as a sole licensor of the Christian Louboutin trademarks and has successfully enforced its rights in the said trademarks;

• The plaintiff has extensively promoted its luxury products under its Christian Louboutin trademarks including the ‘RED SOLE’ trademark in India;

• The plaintiff has extensive presence over the Internet;

• The plaintiff’s website is accessible to consumers in India and have served in making customers in India aware of the plaintiff, the various luxury products of the plaintiff and the plaintiff’s well known trademarks including the ‘RED SOLE’ trademark;

• The plaintiff has received various awards and accolades for the luxury products made available under the plaintiff’s well- known trademarks including the ‘RED SOLE’ trademark.”

(Image from:- https://www.glamour.com/story/the-true-story-of-how-christia))

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