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Case C-163/16: Judgment of the Court (Grand Chamber) of 12 June 2018 (request for a preliminary ruling from the Rechtbank Den Haag — Netherlands) — Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV (Reference for a preliminary ruling — Trade marks — Absolute grounds for refusal or invalidity — Sign consisting exclusively of the shape of the product — Concept of ‘shape’ — Colour — Position on a part of the product — Directive 2008/95/EC — Article 2 — Article 3(1)(e)(iii))
ECLI:EU:UNKNOWN:62016CA0163
62016CA0163
June 12, 2018
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(Case C-163/16) (*1)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Christian Louboutin, Christian Louboutin SAS
Defendant: Van Haren Schoenen BV
Operative part of the judgment
Article 3(1)(e)(iii) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign consisting of a colour applied to the sole of a high-heeled shoe, such as that at issue in the main proceedings, does not consist exclusively of a ‘shape’, within the meaning of that provision.
* Language of the case: English.
(1) OJ C 211, 13.6.2016.
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