In an IP battle over his signature red sole, Louboutin loses a round

The red colour could not be considered apart from the shape of the sole, Szpunar advised, and shapes are usually not protected under EU trade mark law

Christian Louboutin’s bid for exclusive rights to put red soles on high-heeled shoes ran into trouble when a court adviser said he may not be entitled to stop others from selling the same kind of sole.

The French designer went to court in The Netherlands to prevent the Dutch high street chain Van Haren from selling its own versions of his distinctive footwear, a favourite on celebrity red carpets.

But an advocate general at the European Court of Justice advised the court that Louboutin’s trademark protection on the shade of red used on his soles, dating from 2010 and 2013, might be