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Colour it mine: Protecting colour trademarks in Canada

Tuesday, June 19, 2018 @ 12:04 PM | By Andrea Kroetch

Colours can function as indicators of source, and many colours acquire distinctiveness over time. One of the world’s best-known colour trademarks is Christian Louboutin’s famous red sole.

Over the years, Louboutin’s registrations for its red sole trademark have come under attack by competitors seeking to sell their own “red soled” shoes. Most recently, the Dutch shoe retailer, Van Haren, attacked Louboutin’s Benelux trademark covering high-heeled shoes, described as consisting of the colour red applied to the sole of a shoe.

The matter made its way to...