São Paulo Court Grants Christian Louboutin exclusive rights to red sole

The iconic red sole of French luxury brand Christian Louboutin has been the subject of a landmark legal decision in Brazil. In March 2023, the São Paulo Court of Justice (Appeal Case No. 1090308-66.2017.8.26.0100) upheld an injunction that prohibited a Brazilian footwear company from selling shoes with a similar red sole, recognizing that such feature constitutes the brand’s trade dress. 

Notably, there is still no valid trademark registration for the red sole with Brazil’s INPI, as the application was rejected based on Article 124, VIII of Brazil’s Industrial Property Law (Law 9.279/96), which bars registration of isolated colors lacking inherent distinctiveness. 

Nonetheless, the Judiciary found that due to acquired notoriety and risk of consumer confusion, legal protection via unfair competition (Article 195, III of the LPI) and trade dress doctrine was justified. 

In the fashion industry, visual elements — colors, shapes, layout — may achieve secondary distinctiveness and serve as brand identifiers in the market. The Louboutin case shows that even without formal registration, protection may be obtained through evidence of use, consumer recognition and immediate action against infringers.

To safeguard your brand’s visual identity you should:

• Maintain records of usage and market recognition of distinctive features;

• File for trademarks, industrial designs or position marks with INPI or relevant jurisdiction;

• Monitor and act against imitation swiftly;

• Seek specialized legal advice to implement this strategy from the outset.

This case underscores that brand identity protection is not just about registration, but about strategic legal and operational planning. In Fashion Law, proactive and specialized legal support is what ensures your creative assets are protected from appropriation and retains brand value both domestically and internationally.