A district court in Rio de Janeiro has granted Christian Louboutin a preliminary injunction in its ongoing attempt to trademark its red sole in Brazil. The Brazilian Patent and Trademark Office rejected Louboutin's trademark application earlier this year, citing lack of distinctiveness. However, the court ruled that the red sole is fully distinctive and capable of functioning as a trademark due to Louboutin's prolonged use and consumer recognition. The injunction puts the application rejection on hold while the case is ongoing. This is one of the first assessments of "position" trademarks in Brazil.
