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.

French shoe designer Christian Louboutin—known for his luxurious high-heeled shoes with red soles—has been trying to obtain global trademark recognition for his signature red shoe soles for over a decade. It has not been an easy task.