Delhi High Court vide its Judgement dated 31st July 2018 in Louboutin-3 case has granted permanent injunction and punitive damages against a Delhi based retailer for infringing the famed ‘Red Sole’ trademark of Christian Loubutin. The Plaintiff‟s "RED SOLE" trademark, i.e. , wherein a specific tone of colour red (Pantone no. 18.1663TP) is applied to the outsole of a shoe, is unique in its own accord and became known in the world of fashion only after being introduced by the Plaintiff herein as their Trade Dress. The consumers in India identify the Plaintiff as the sole proprietor of the Christian Louboutin trademarks including the "RED SOLE" trademark and any use of the said trademarks by an unrelated entity will entail taking undue advantage of the reputation and goodwill of the Plaintiff, which has been built painstakingly over the several decades; The Defendants are located in Kamla Nagar Market, New Delhi, who were found to be dealing in infringing...
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