New developments of trade mark protection: the case of Louboutin’s Red Sole mark

The paper aims at providing a framework of the new forms of trade mark protection (the so-called «non-traditional trade marks») by analysing the specific case of the famous red shoe sole used by the fashion designer Christian Louboutin, which has been recently registered as European Union trade mark. Also, a brief overview of the US trade mark protection of Louboutin’s Red Sole and the case law related thereto is presented. Lastly, some considerations are drawn on the value of this case study for the development of trade mark legislation and its application.