Sit down for Lambutena. Legal Cord

Heifers of the second grade discovered the Loubutens, who call it differently. First grade calves have long been aware of and suffer. Those who are too lazy to suffer - buy a strip shoe, it is about the same, but cheaper N times and without a red sole. Just we see it in the clip. Or not her, I am not so strong in these nuances of the body.



For the sake of justice - the heels she covered in vain. Pale.

')

We now turn to the legal nuances of support for the Chinese manufacturer, since sales of these beautiful slippers seem to have jumped everywhere, except for the official distribution point .



So. The story of Loubouten’s music is not the first; on this spot, Lopez’s insured ass otzigibala:



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The cord, by the way, is generally not worse for my taste. I will put it too, for history.







The context consists of additional adventures in the form of a Van Gogh exhibition, which immediately cut through the piece and did what people call situational marketing: it stated that you can go to it for free, if only in heels. Since I immediately wrote to the press that on Labutenah you can on Van Gogh (which is predictable) Louboutin (yes, I also let him call him this, that’s how it is, but I stick to primary sources) got out with complaints .



A good example of the fact that before you make claims, it would be better to find out whether you look weird.

In fact, there are no violations of copyright and trademark rights, which do not allow prohibiting the mention of the brand name in the press. For example, 3M - the copyright holder of the “SCOTCH” trademark (yes, it is a valid and protected trademark) prohibits the use of its designation only when selling products (asks to replace with adhesive tape), but does not prohibit its use in other cases.

We will understand what all the same rights have Christian.



In Russia, in the name of Christian Louboutin several trademarks are registered:



No. 503943







No. 503941







No. 503942







No. 531337







But the most interesting thing is the registration of a trademark in the form of a red sole. The sign on the international registration number 1031242 is a color Pantone N 18.1663TP, designed for the sole of women's shoes.







See, the heel is not tinted

At first, Louboutin in Russia was denied registration of the red sole. Reason: the designation does not have a distinctive ability: any color or color combination in shoes may not be subject to exclusive rights, and must be used without hindrance by various manufacturers of shoes (from the conclusion of the Chamber on patent disputes).

Louboutin challenged the decision of Rospatent. Link to the conclusion of the Chamber of Patent Disputes on the basis of the consideration of the case: pravo.ru/store/doc/doc/201201577_031212.pdf



The main arguments of Loubouten: the red sole is a unique and widely known distinctive feature of women's shoes from Christian Louboutin, associated with consumers of the whole world, including Russia, with the applicant's products. The applicant does not claim the exclusive right to use red as such with respect to shoes in general, is a red color of a special tone applied to the sole of women's shoes.



Chamber arguments: designation acquired distinctiveness as a result of use. The products of the applicant, widely known to the consumer in the Russian Federation, are popular, and that this designation is perceived by the consumer as a trademark of the manufacturer of the goods. The red color on the sole does not perform any other function except the design element, and fixing the rights to use by one manufacturer will not affect the rights of other manufacturers of women's shoes.



Findings:



1. You can register anything as a trademark, not only a red sole, but just a color — an example, Tiffany Blue is a registered trademark, but also a sound (for example, a mobile ringtone) and even a smell (so, the smell of horse sweat registered for car seats). The main thing is to be able to derive benefit from the notation. Christian succeeded, and you should succeed.



2. Despite the aggression of the Russian representatives of Yuzat Shnura and his work as advertising allusions, it is still possible, the mention of a trademark in personal communication, correspondence or in the press is not a violation of rights. Basically, a violation, when you benefit and give your goods for someone else, that is, you use when selling and promoting.



3. It is impossible to make calf shoes with a red sole, if you are not Chinese, who saw all these rights in a coffin.



4. Lambuteni, this is the same as Abidas in sneakers, but in shoes.



© Gotovtsev, Mityagin