Will Christian Louboutin's global bid to protect its iconic red sole from competitors be sealed in Australia? Days will tell.
The Australian trade mark for Christian Louboutin progressed to acceptance on August 2, 2012.
However, it is still able to be opposed and consequently denied registration to a deadline of November 2, 2012.
The brand has achieved registration in various countries, including the US and France.
Australian law firm Middletons said the Pantone colour scheme seems to be the preferred approach to colour registrations, in order to accurately define a trade mark and ensure legal enforceability.
The Australian Christian Louboutin "red sole" trade mark does contain the Pantone reference, Pantone no. 18.1663TP.
However, previous legal cases concerning the brand illustrate potential difficulties in the use of colour as a "badge of origin", particularly as more and more colour registrations are accepted.
Does the colour match have to be exact?
When will one shade of a colour be considered to be substantially identical or deceptively similar to another shade?
Is there going to be the introduction of a "similarity colour spectrum" for each Pantone?
These concerns arose last year in the final stages of a long-running battle between Christian Louboutin and Yves Saint Laurent.
The US Court ruled the "red sole" mark could only protect shoes where the sole sits in contrast to the remainder of the shoe; that "it is the contrast between the sole and the upper that causes the sole to 'pop' and to distinguish its creator".
This paves the way for Yves Saint Laurent and other designers to legally manufacture monochromatic red shoes featuring a red sole.
Christian Louboutin also instituted proceedings against fast fashion giant Zara, claiming it infringed its registered French "red sole" trade mark.
There was no Pantone colour reference included in this registration.
Last year, the case progressed to final determination by the French appellate Court, where Christian Louboutin's registration was found to be too vague in these circumstances.