When Van Haren launched a similar shoe, a lawsuit ensued. Van Haren claimed that the yellow stitching cannot be registered, and filed a cancellation procedure at the Benelux trademark registry against the trademark.
The court ruled that the chances of success are small, referring to many publications about the characteristic yellow stitching in fashion magazines since the 1990s. It became clear that the public now perceives this feature as a trademark, as opposed to an ornament, as Van Haren claims. It is irrelevant that Van Haren’s stitching looks slightly more copper- or gold colored. The stitching constitutes an infringement. The result: a ban for Van Haren.
