Can a 'Single Colour' be claimed as a Trademark or is it Ineligible? By: Trademarkclick.com

August 11, 2018:

Christian Louboutin filed a case against Delhi based retailer for infringing their famed ‘Red Sole’ trademark by selling footwear.

The footwear sold by Delhi based retailer had similar red outsoles and was thereby infringing its trademark, upon which, Justice Yogesh Khanna of the Delhi High Court on July 31, 2018 , has granted permanent injunction against the retailer along which he has to pay Rs.20 lakh for selling Christian Louboutin counterfeits along with 10 percent interest per annum till the date of realisation.

A month ago, Delhi High Court judge Justice Valmiki Mehta, had declared Christian Louboutin’s ‘Red Sole’ Trademark ineligible for trademark protection contrary to the previous decision which had declared Christian Louboutin’s ‘Red Sole’ as a ‘Well Known Trade Mark’ .

Intially it was declared by the Delhi Hight Court Judge that Christian Louboutin's ‘Red Sole’ trademark as a ‘Well Known Trade Mark’. Also, it is registered with the Indian Trademark Registry and has received registration in other jurisdictions as well.

However, Delhi High Court judge Justice Valmiki Mehta, based his decision on the fact that the Indian Trade Marks Act, 1999 (“Act”) only provides trademark protection to “combination of colours” and not to a single colour, thereby rejecting the claims of the plaintiff.

After the latest decision, the Delhi HC seems to have slipped into a jurisprudential quagmire of sorts, with no certainty as to what the exact law on the topic is.

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