The shoes are an international success and in order to ensure her interests Louboutin protected its red soles, not only to act against pure counterfeiting, but also against coat tail riding. Van Haren introduced black stiletto heels for 50.- Euros, which prompted Louboutin to act immediately.
The Court in The Hague agreed with Louboutin that Van Haren infringed her trademark rights. The red sole is not a decorative element, but a trademark through acquired distinctiveness. The fact that the general consumer sees the red sole as a trademark is confirmed by the widespread counterfeiting on the market.
Van Haren’s shoe is visually similar to such a degree that a consumer may assume it is a Louboutin. Consequence: prohibition on sale of this shoes on penalty of 500,- per pair.
