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All leather shoes score low on these comfort attributes because of their antiquated design

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It agreed with the EUIPO Board of Appeal that "the constituent elements of the contested mark, taken individually, and the shape of boot taken as a whole, will be perceived by the relevant public as possible, or even common, variants of the presentation and decoration of winter boots and after-ski boots, which are part of the goods at issue." The ruling against MOON BOOT makes it clear that it is hard to trademark the general shape of apparel in Europe unless that presentation significantly departs from what would be commonly expected for the type of product