13.6.2016
EN
Official Journal of the European Union
C 211/30
Request for a preliminary ruling from the Rechtbank Den Haag (Nederland) lodged on 21 March 2016 — Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV
(Case C-163/16)
(2016/C 211/39)
Language of the case: Dutch
Referring court
Rechtbank Den Haag
Parties to the main proceedings
Applicants: Christian Louboutin, Christian Louboutin SAS
Defendant: Van Haren Schoenen BV
Question referred
Is the notion of ‘shape’ within the meaning of Article 3(1)(e)(iii) of Directive 2008/95/EC (1) (‘Form’, ‘vorm’ and ‘forme’ in the German, Dutch and French language versions of the Trade Marks Directive respectively) limited to the three-dimensional properties of the goods, such as their contours, measurements and volume (expressed three-dimensionally), or does it include other (non three-dimensional) properties of the goods, such as their colour?
(1) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version) (OJ 2008 L 299, p. 25).
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