In a major victory for Christian Louboutin, the 13th Federal Court of Rio de Janeiro has granted a preliminary injunction suspending the PTO’s rejection of the ‘red sole’ position mark.

The Board of Appeal was right to find that the common element ‘mood’ had a rather weak distinctive character and could not be regarded as the distinctive element.

The court highlighted that, since the refusal was justified on the basis of Article 7(1)(e)(ii), it was not necessary to examine the other grounds of refusal under that provision.

The Delhi High Court has ruled in favour of Calvin Klein owner Coty, in a case against online retailers passing off perfume samples.

An EU trademark challenge underlines the rules surrounding the submission of evidence of genuine use, in cases of late submission and the combined use of multiple marks.

An EU General Court ruling has found in favour of a foreign company operating under a trade name in Germany, accepting evidence brought for the first time at appeal.

The UK IPEC has rejected a summary judgment application made by JBC in an alleged counterfeiting case against Pak Cosmetic Centre.

In a precedential decision, the Trademark Trial and Appeal Board has reversed a refusal to register SNKRS for use in certain services relating to footwear.

The Trademark Trial and Appeal Board has found that Duracell’s audio messaging is analogous to a “display associated with the goods”.

The dispute highlights the risks of suppressing and misrepresenting material facts and of taking a contrary stand before the registry and the courts.