Delhi HC’s Single Judge Bench of Justice Mukta Gupta expounded that,”From evidence led by plaintiff, it is proved that he is registered owner of its well known Red Sole trademark, and that defendants are infringing this trademark”.
On Wednesday, Delhi HC has directed two footwear traders of Delhi’s Karol Bagh area to pay about Rupees 10 lakh to French Fashion Designer Christian Louboutin for infringing signature Red Sole he uses in his high heel stilettos.
The French Fashion Designer Louboutin, had filed a suit for the permanent injunction restraining defendants from selling the footwear bearing his registered Red Sole trademark or from using trademarks identical or deceptively similar to the same.
Advocate Pravin Anand, while appearing for plaintiff, stated that distinctive nature of Louboutin’s Red Sole trademark has been recognized by the Trade Mark offices all around the world.
He further added that,“A shoe with a red sole clearly identifies product as the Plaintiff’s and distinguishes it from goods of every other person. ‘RED SOLE’ trademark has thus become signature of the plaintiff”.
Advocate Pravin submitted that,”Plaintiff’s ‘RED SOLE’ trademark wherein a specific tone of colour red (pantone no. 18.1663TP) is applied to outsole of a shoe, is unique in its own accord and became known in world of fashion only after being introduced by the plaintiff herein.”
High Court declared the Red Sole trademarks as well-known trademarks.
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