Christian Louboutin loses trademark in Switzerland   |  

The red-soled shoes designed by Christian Louboutin are arguably an internationally recognized product, but this week they have faced a setback in Switzerland.

Despite being a recognized trademark in a selection of countries around the world including Australia, China, and Russia, the Federal Supreme Court in Switzerland held that the red soles are “merely an aesthetic element” and thus are not able to be trademarked in the country. This appeal at the Supreme Court was the final appeal for Louboutin and will not be able to be appealed again.

The decision upheld a finding handed down by the Federal Administrative Court last April (16), in which it was found that the red soles were a “decorative element” and did make it a brand. The Supreme Court held that despite the status and ruling in other jurisdictions, it didn’t mean the company should attain the same status in Switzerland, and other rulings did not constitute precedent.

In the past few years, Louboutin’s signature red soles have been at the center of various disputes in which the company claimed infringement of rights including famous cases against Dr. Adams and Saint Laurent.