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French luxury footwear and fashion designer, Christian Louboutin, has lost the exclusive rights over its distinctive red sole in Switzerland.
A Swiss court has ruled the sole of "somewhat garish colour" is merely a decorative feature and cannot be protected in accordance with Switzerland’s trademark law.
Louboutin, who has the red sole trademark protection in the European Union, China, Australia, Russia, Ukraine, Monaco, Singapore and Norway, has been seeking the trademark protection in the country since 2010.
The French designer can still appeal the ruling to the country's highest court.
In 2012, Louboutin won a lawsuit filed against Yves Saint Laurent in the U.S. The court ruled that the bright red soles were so distinctive they deserved trademark protection as long as the upper of the shoe contrasted in colour to the red sole.
Source: The Fashion Lawcomments powered by Disqus