Protection of Color Trademarks in Comparative Law – a Case Study of the Christian Louboutin Trademark

Ćeranić Perišić, Jelena (2025) Protection of Color Trademarks in Comparative Law – a Case Study of the Christian Louboutin Trademark. In: Zbornik radova "Pravo između zaštite i zloupotrebe" = Collection of Paper "Law Between Protection and Abuse". Pravni fakultet, Istočno Sarajevo, pp. 379-394. ISBN 978-99938-57-93-8

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Abstract

In today’s competitive marketplace, color trademarks have emerged as a particularly controversial aspect of intellectual property law, blurring the line between aesthetic appeal and source-identifying functionality. This paper explores the legal viability of color trademarks through the lens of comparative law, focusing on the landmark case of Christian Louboutin’s red sole trademark. The paper first outlines the theoretical and legal framework, focusing on the legal requirements for the registration of color as a trademark (primary and secondary meaning), as well as the doctrine of aesthetic functionality. It then turns to the Christian Louboutin case, which serves as a focal point for exploring the legal challenges in asserting trademark rights over a single color in the fashion industry. By analyzing key judicial decisions from the United States, the European Union, and India, the study examines how different legal systems interpret and apply the concepts of distinctiveness, secondary meaning, and aesthetic functionality.

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