Louboutin: The Red Sole Celebrates its 30th Anniversary

Last month, the iconic red sole, specifically Pantone Red 18.1663TP, celebrated its 30th anniversary on the sidelines of Paris Fashion Week. Getting trademark protection for this sole, however, was no easy feat in all countries.

History has it that shoe designer Christian Louboutin used his assistant’s red nail polish to paint the entire sole of a pump. These red soles later became one of fashion’s most recognized trademarks and made their creator one of the most famous figures in his field. In 2022, he even received the “Lifetime Achievement” award from Footwear News.

Since their creation, the red soles have become increasingly popular. They were spotted in the Sex and the City TV series, which was very popular in the late 90s to the early 2000s, but also in Breaking Bad, which aired from 2008 to 2013. The soles have also made their mark on music thanks to artists such as Jennifer Lopez and Cardi B, both of whom dedicated songs to them respectively in 2009 and 2017.

Louboutin has obviously ensured the protection of his mark, such as in the United States and Canada. These jurisdictions do indeed allow for the protection of non-traditional trademarks, i.e., those that do not consist of a word or a logo. As such, Louboutin’s signature mark is described as the colour red applied to the entire outer surface of the sole of a shoe.

Despite having his name on the front of nearly 150 stores around the world, Louboutin’s signature colour on shoe soles is not trademarked everywhere around the globe. As an example, in 2012, a French Court had ruled that the colour of the sole couldn’t be protected as a trademark. However, in 2018, the Court of Justice of the European Union recognized the validity of the trademark, mentioning its important distinctive character.

A trademark will be considered distinctive when it allows consumers to distinguish a product’s source from another. For example, in many countries, the red sole is considered as a distinctive mark in that it allows consumers who see it to associate the shoes with their source, namely Louboutin’s company.

Part of the reason that trademark protection differs from one jurisdiction to another is that trademark laws are not universal and have their own specificities, but another reason is also cultural differences in various jurisdictions. In 2022, the Tokyo District Court found that the red sole was not enough known to Japanese consumers for them to associate it with Louboutin’s shoes. This means that Louboutin cannot prevent other retailers from selling red-soled shoes in Japan. It should also be pointed out that in many jurisdictions, distinctiveness can be acquired over time, and therefore such a situation is not doomed to be permanent.

The red sole story reminds us that a trademark can take many forms, such as colour, but also sound, texture, smell, taste, holograms and even moving images. It is also a reminder that it is essential to protect a mark wherever it is used.

For any question relating to your trademark protection, feel free to contact our team who will be pleased to assist you with your needs in Canada, the United States and abroad.