Christian Louboutin denied Swiss trademark protection

Luxury shoe maker Christian Louboutin has been denied its attempt to register its red sole feature as a trademark in Switzerland.

In a judgment handed down by the Federal Administrative Court, the French designer was told its shoe was a decorative feature and could not be granted trademark protection.

“Relevant audiences—namely, mostly female buyers with a slightly elevated fashion sense—perceive colourful or in this case red soles on high-heeled women’s shoes primarily as a decorative element, not a brand,” a three-judge panel at the court wrote in a judgment handed down on Thursday, May 12.

The red soles have previously been granted protection in the US after the US Court of Appeals for the Second Circuit held that Christian Louboutin had a valid and enforceable trademark.

According to Reuters, the company argued that the EU as well as China, Australia, Russia, Ukraine, Monaco, Singapore and Norway have judged the shoes to merit protection.

Louboutin can still appeal against the Swiss ruling to the Federal Supreme Court of Switzerland.