European Court of Justice: Registrability of Coloured Position Marks (Louboutin)

In its judgement Louboutin dated 12 June 2018, the European Court of Justice ruled that so-called position marks which claim a color at a certain position of a product (in this case: red colored soles of high heel shoes) may be registered as European trademarks. In this bylined article, Boris Uphoff explains the background of the European Court of Justice’s Louboutin judgement and its practical impact on European trademark law.