Sound TM (R) came in to affect in the mid 90s, which is an extension of the IP rights under WTO / TRIPS agreement.
Recently there's been a trend to revive past styles (genres) and that's okay
if producers make it their 'own unique sound' that isn't all too similar of the original -- Sound TM (R) is a loose manner of matching, whereas (compared to) melody matching is a straight forward process of determination using notation.
Ya' just gotta hope none of the jury are tone deaf lol

but I think in this particular case, a panel of experts may need to be weighed into the determination process.
Meanwhile, lets see if this case sets a precedence for all future cases in regards to Sound TM (R),
I wouldn't be surprised if there are 'in the works' (more revivals to be released), producers pacing frantically about the studio, knees are a knocking, finger nails trimmed to the bone, eyes glued to latest news feed in regards to the outcome of this case. Oh well

its no news to me the way labels love to follow a so-called sure-fire
trend rather than take the risk on a totally new unique style i.e. a lot of great bands, great songs are initially rejected for that reason; they don't fit in with the trend.

IMHO, better off being an independent band doing their own 'unique' thang!