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Christian-Louboutin Photo: Arroser, via Wikimedia Commons.

Fashion brands may be able to obtain trademark protection for color marks applied to a specific position on a product in the European Union thanks to a June 12 decision by the Court of Justice of the European Union in Luxembourg in Christian Louboutin and Christian Louboutin SAS v. Van Haren Schoenen BV. This is a landmark case for brands that use distinctive colors as part of their trademarks.

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