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12. Dezember 2019 | Trademark Law | by Christian Hadeyer

Does Frozen 2 Infringe Trademark Rights?

Reasonable observer have noticed that Anna, sister of Princess Elsa in the new Disney movie Frozen 2, wears red-soled footware, therefore potentially infringing the famous position trademark of Christian Louboutin. 

Anna's red-soled shoes do not only appear in the movie but are also sold  in official Disney Stores for US$ 24.95. So there's no doubt that the shoes a used in the course of trade.

However, Anna's red-soled shoes may well be outside the scope of protection of the Louboutin position mark for two reasons: Firstly, Anna's shoes have not only a red soly but also completely red  heels, whereas the position mark relates to a red sole only; and secondly, the colour red used for Anna's shoes is significantly darked than that used for the Loutoutin position mark. (Source: https://www.worldtrademarkreview.com/brand-management/frozen-2-v-christian-louboutin-could-annas-red-soled-shoes-lead-high-profile).

Anyway, even in the case of an infringement it is likely that Christian Louboutin avoids a public dispute as there are surely certain PR risks that have to be taken into accout. 

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