Delhi HC declares Louboutin’s ‘Red Sole’ to be well known trademark

The Delhi High Court yesterday ordered two footwear traders of Delhi’s Karol Bagh area to pay close to 10 lakh rupees to French fashion designer Christian Louboutin for infringing the signature Red Sole he uses in his high heel stilettos..Louboutin had filed a suit for permanent injunction restraining the defendants from selling footwear bearing his registered Red Sole trademark or from using trademarks identical or deceptively similar to the same..Appearing for the plaintiff, Advocate Pravin Anand stated that the distinctive nature of Louboutin’s Red Sole trademark has been recognized by Trade Mark offices all around the world..“A shoe with a red sole clearly identifies the product as the Plaintiff’s and distinguishes it from the goods of every other person. The ‘RED SOLE’ trademark has thus become the signature of the plaintiff..The plaintiff’s ‘RED SOLE’ trademark wherein a specific tone of colour red (pantone no. 18.1663TP) is applied to the outsole of a shoe, is unique in its own accord and became known in the world of fashion only after being introduced by the plaintiff herein.”.The Single Judge Bench of Justice Mukta Gupta held that from the evidence led by the plaintiff, it is proved that he is the registered owner of its well known Red Sole trademark, and that the defendants are infringing this trademark. The Court also declared the Red Sole trademarks as well-known trademarks..A judgment delivered by a Division Bench of the Delhi High Court in Hindustan Unilever Limited Vs. Reckitt Benckiser India Limited (2014) was relied upon to determine the amount of compensation to be paid to Louboutin,.“Considering the turnover (from selling the infringing products) of defendant No.3 as 2,41,500/- for 15 months and that of defendant No.5 for 5,92,350/- and taking the margin of profit being 25% on the illegal turnover, the profit earned by defendant No.3 would be 15,093/- and that of defendant No.5 would be 1,48,088/” .In addition to these amounts, the Court also awarded the plaintiff Rs. 8,63,790 to cover the court fee, legal fee, fee of the Local Commissioner and miscellaneous expenses. Half of this amount is to borne by the first three defendants, and the other half by the other two defendants..Read Judgement:.Image taken from here.