Louboutin’s trademark covers “the color red (Pantone 18 1663TP) applied to the sole of a shoe”.At that the middle of the legal debate is whether or not “shape” includes color. If it does, the trademark can be ruled invalid.This can open the floodgates for copycat red soled sneakers to be publicly made across the Earth, possibly causing significant harm to Louboutin’s high-end reputation. “A signature combining colour and shape may be denied or declared invalid on the grounds set out under EU trademark law,” that the ECJ stated in a statement.The Court’s advocate general, Maciej Szpunar, yesterday said that the color red couldn’t be considered besides the shape of the sole, with shapes not generally protected under EU trade mark law. Such an opinion is likely to be highly influential on judges’ choice, which has yet to be made.The French designer is locked in a courtroom battle in the Netherlands to prevent a Dutch high street series, Van Haren, by selling copycat cat variations of his sneakers. The case dates back to 2012 when Van Haren introduced a new line which comprised high-heeled shoes with red soles.At the time Christian Louboutin contended that the sneakers infringed his brand’s trademark. The District Court in The Hague agreed and arranged Van Haren to stop producing its blue and black sneakers with red soles. However, Van Haren appealed against that decision and in 2014 the situation has been referred to the ECJ for “caution”.