Counterfeiting continues to target the luxury goods market with increasing intensity – and in the case of so-called “superfakes,” increasingly quality – and French courts continue to make clear that the consequences for offenders will be steep. In one of its latest rulings, France’s highest court not only reaffirmed the validity of Christian Louboutin’s red sole trademark but also signaled the heavy sanctions that come with the prosecution of counterfeit activity.
In a decision issued on September 10, the Cour de cassation ordered the defendant, an unnamed counterfeit seller, to pay a €15,000 criminal fine, a €100,000 customs fine, and €120,000 in damages in connection with the seizure of just twelve pairs of counterfeit shoes and 628 bags – a relatively modest quantity of goods that nonetheless resulted in significant criminal, customs, and civil penalties.
Siding with Christian Louboutin, the Cour de cassation’s decision affirms an earlier order from Paris Court of Appeal; it also reaffirms several important principles of French intellectual property and criminal law. Primarily, it confirmed the validity of the Louboutin red sole trademark, rejecting arguments from the defendants that the red sole is functional and devoid of distinctiveness. The court stressed that the Pantone-specific red applied to the sole of a high-heeled shoe is arbitrary and capable of distinguishing origin.
On the monetary damages and fines front: The Cour de cassation clarified that the fines imposed are appropriate, despite the defendants claims to the contrary, as the cumulative total of the fines does not exceed the statutory maximum of the highest sanction available.
At the same time, the court’s judgment underscores that civil damages in counterfeiting cases must be carefully reasoned. Under French law, damages can be based on economic harm – including lost profits and illicit gains – or on a lump-sum indemnity higher than hypothetical royalties. Because the appellate court had simply adopted the lower court’s figures without explanation, the Cour de cassation annulled this part and sent the case back to the appellate court to reassess damages, this time with proper justification.
A Reminder in a Booming Counterfeit Market
The most significant takeaway from the Cour de cassation’s decision may be that French criminal courts are prepared to impose severe sanctions, including custodial sentences, substantial fines, and large damages awards, even for relatively small quantities of counterfeit goods. The fact that twelve counterfeit pairs of shoes and a few hundred bags triggered six-figure penalties highlights the seriousness with which French authorities approach these cases.
The timing of the decision is noteworthy given the trajectory of the global counterfeit market. While counterfeits have long plagued luxury brands, the rise in availability of and demand for “superfakes” – counterfeit goods that are virtually identical to the real luxury goods – has transformed the market and the threats at play. These products often retail for hundreds or even thousands of euros, moving the counterfeit trade from street markets into the realm of aspirational luxury consumers – and even traditional luxury goods shoppers if demand for high quality Hermès fakes is any indication.
With the market for fakes exploding in both volume and sophistication, the Cour de cassation’s insistence on heavy monetary sanctions underscores a broader strategy: deterrence through severity. For luxury brands, the ruling offers reassurance that their intellectual property remains strongly protected under French law. For entities on the other side of the equation, it is a stark warning that even limited involvement in counterfeit goods carries potentially steep financial and criminal consequences.
The case is Louboutin v. M., Cour de cassation, crim., 10 Sept. 2025, n° 24-81.914.
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