¿Podrá christian louboutin realizar un registro marcario sobre sus suelas rojas?
El señor Loboutin, conocido por su marca de zapatos Christian Loboutin, demandó a una compañía Holandesa llamada VAN HAREN, en virtud de que los zapatos que estos comercializaban a bajo costo también tenían la suela roja con el pantone #18 1663TP, la misma que el señor Loboutin usa para individualizar sus zapatos en el mercado.
Lo anterior en virtud de que el Señor Loboutin, antes de lque VAN HAREN comercializará los zapatos con el mismo color en la suela el Señor Loboutin había llevado a cabo el registro marcario de dicho pantone de color en las suelas de los zapatos, el cual fue registrado en Bélgica, en los Países Bajos y en Luxemburgo a nombre del Señor Loboutin.
Por lo tanto, este magnate de la moda alega que el uso de la empresa Van Harren es violatorio de su marca puesto que dicho color en la suela es lo que le aporta distintividad a sus zapatos en el mercado.
Pero la protección que Loboutin pretendía tener en toda la UE frente al uso exclusivo del Pantone #18 1663TP para la suela de los zapatos llegó a su final cuando el Tribunal de Holada decidió confirmar la decisión tomada por la Oficina de Propiedad Intelectual de la Unión Europea (OPIUE) por medio de la cual se le negaba el derecho exclusivo de este color en la suela de un zapato.
Entre los argumentos esgrimidos por dicho Tribunal Holandés se destaca que la imposibilidad de registrar como marca dicho color deviene de que el color esta en toda la suela del zapato y por lo tanto no tiene un grado de distintividad tan alto como para impedirle a los demás empresarios uso de este color en la suela.Cabe aclarar que en los países en dónde efectivamente se pudo llevar a cabo el registro si gozará de el uso exclusivo, pero en los demás países de la UE no.
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