Enforcing Christian Louboutin’s IP rights
by Eran Soroker
Christian Louboutin’s famous red sole was at the center of a lawsuit filed by Soroker Agmon Nordman earlier this year.
Background: Soroker Agmon Nordman, Advocates & Patent Attorneys represent Christian Louboutin in Israel.
Christian Louboutin is one of the most famous fashion designers in the world. The brand engages in the designing, manufacturing, and selling of luxury footwear, leather goods and cosmetics. Christian Louboutin shoes are known worldwide for their unique style and their signature vivid glossy red sole.
In 2016, it was brought to Christian Louboutin’s attention that a chain of stores in Israel called “Disco Rosso” were counterfeiting Christian Louboutin’s shoes. On further investigation, Disco Rosso’s shoes were found to be almost identical to Christian Louboutin shoes and incorporated Christian Louboutin’s vivid glossy red sole. Furthermore, it was discovered that several employees of Disco Rosso’s chain stores, were making statements which could lead consumers to believe that Disco Rosso’s shoes are associated with Christian Louboutin.
Christian Louboutin filed a lawsuit, through Eran Soroker, Jonathan Agmon and Robert Dorneanu from our litigation team, seeking a permanent injunction and a compensation based on the torts of dilution of Christian Louboutin’s outstanding goodwill, passing off and unjust enrichment.
After several court hearings, a settlement of an injunctive relief was achieved, based on Disco Rosso’s undertaking not to sell or offer to sell shoes that are confusingly similar to Christian Louboutin’s shoes and whereas the soles of the shoes sold by Disco Rosso will not use Christian Louboutin’s known red color.
Louboutin. vs. Disco Rosso. (Tel Aviv District Court 17412-04-16, February 9, 2017)