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1 minute Martini Manna

This is what we are, in a little more than 60 seconds.
Questo è ciò che siamo, in poco più di 60 secondi.

The Milan IP Court gives its view on jurisdiction over online IP infringements

In a recent order issued in preliminary (injunction) proceedings, the Milan IP Court summarised its standpoint on jurisdiction and venue for infringements of IP rights committed online.

Having been enjoined by the same court from marketing women’s bags that were found to infringe on the trademark and design rights of […]

The Milan IP Court on the infringement of Ferragamo’s “Vara” metal buckles

The Milan IP Court, on 12 July 2017, decided on a proceeding commenced by two Chinese shop owners against the Florentine fashion house Ferragamo S.p.A. (Docket no. 7940/2017). The plaintiffs had asked the Court to declare their non-infringement of Ferragamo’s historical trademarks – as represented below – reproducing the […]

1 October 2017: further amendments introduced by the new EUTM Regulation will come into force

Next month, some important amendments introduced by Regulation EU no. 2015/2424 – which we have already discussed here on this blog – to EU trademark law, governed by Regulation EC no. 207/2009, will enter into force.

Below is a summary of the most significant changes.

Abolishment of the graphical representation requirement

Thanks […]

The General Court enforces the Chanel’s monogram against a conflicting design

On 18 July, the General Court of the European Union (“GC”), in case T-57/16, annulled a decision by which EUIPO’s third Board of Appeal had rejected an action of nullity proposed by the French maison Chanel SAS against the Community design represented below (on the left), registered for ornaments […]

Isgrò vs. Waters: to the Milan IP Court, the cover art of Pink Floyd’s former member infringes the works of art of the Italian conceptual artist

With order of 25 July 2017, the Milan IP Court confirmed an ex parte preliminary injunction it previously ordered upon request of the famous Italian conceptual artist Emilio Isgrò against Sony Music Entertainment Italy S.p.A. (hereafter “Sony”), the Italian distributor of “Is this the life we really want?”, the […]

Compensation of damages due to the infringement of copyrights of the Magistretti-Flou bed

By decision of 18 July 2017 (docket no. 8066/17), the IP Court of Milan sentenced a number of companies to compensate the damages caused to Flou S.p.A. through the marketing of copies of the “Nathalie” bed designed by Vico Magistretti. We have already spoken about the copyright protection of […]

According to the Milan IP Court, the rights to Gio Ponti’s 811 armchair belong to Molteni, not to Cassina

By order of 9 May 2017, the Milan IP Court decided on a preliminary proceeding concerning a dispute that arose just before the last Salone Internazionale del Mobile – the famous Italian international furniture fair – between two of the biggest Italian furniture companies: Molteni & C. S.p.A. and […]

KOKITUSS infringes the OKI trademark, the IP Court of Milan states

In recent judgment no. 7204/17, the IP Court of Milan compared the well-known OKI trademark of the pharmaceutical company Dompè (the plaintiff) with the KOKITUSS, KOKIDEC and KOKIMUCIL trademarks of Pool Pharma (the defendant), concluding that the latter infringe the first.

Specifically, the Court held on the one hand, that […]

According to the ECJ, the management of a platform like The Pirate Bay can constitute copyright infringement

The European Court of Justice (ECJ), by ruling of 14 June 2017 (case C-610/15), returned to interpret the notion of “communication to the public” under Art. 3(1) of the so-called Infosoc Directive (2001/29/EC). The decision originates from a reference for a preliminary ruling proposed by the Dutch Supreme Court […]

The Brescia IP Court on the prior disclosure of the patented invention

The original Italian version is published onDiritto 24 – Il Sole 24 Ore

Recent decision no. 1887/2017 of the Brescia IP Court dealt with the issue of the prior disclosure of the patented invention making the patent invalid for lack of novelty. This issue is regulated by Art. 46 Italian […]

Food names: tofu is not butter, the ECJ says

The European Court of Justice (ECJ) on 14 June issued an important decision on plant-based foods, noting that they cannot be marketed under “butter”, “milk” or “cheese” names because EU law reserves these for products of animal origin (C-422/16).

The case regarded a German company which produces vegetarian and vegan […]

To the ECJ, the sale of devices allowing the TV streaming of online copyright-protected works without the consent of the right holders is unlawful

By ruling of 26 April (case C-527/15), the European Court of Justice (ECJ) stated on a reference for a preliminary ruling proposed by a Dutch court in the context of a dispute between Stichting Brein, a foundation protecting the interests of copyright holders, and a seller of multimedia players allowing […]