BUSINESS LAW Christian Louboutin has registered for a red colored sole on a women’s high-heeled shoe. The mark consisted of the color on the sole of the shoe. Van Haren sold a similar red-soled shoe in the Netherlands, for which they were sued by Louboutin for trademark infringement. Source: Christian Louboutin v Van Haren Schoenen BV (2018) Case 163/16 Based on the above statement, answer the following:

(a) What test that Christian Louboutin red colored-sole shoe needs to satisfy to register as trade mark? Explain your answer with legal authority. (10 marks)

(b) How Christian Louboutin proves that Van Haren has infringed their trademarks? (15 marks)