damages

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 […]

The Milan IP Court on the infringement of a patent relating to jeans, the dealer’s responsibility and compensation of damages

(An Italian version is published also on Diritto 24 – Il Sole 24 Ore)

With sentence no. 472 of 14 January 2016, the IP Court of Milan (Judges Mr Marangoni, Mrs Dal Moro and Mrs Giani) granted patent protection to a particular pair of jeans that can “enhance and shape […]

The Court of Milan on the application of the problem-and-solution approach and the assessment of damages

(Ihe original Italian version is also published on Diritto 24 – Il Sole 24 Ore)

A recent ruling in a patent infringement case (no. 8356/15) gave the Court of Milan the opportunity to reiterate its position on the application of the so called “problem-and-solution approach” and on the criteria for […]

Where trademarks fail, unfair competition may succour: Nestlé protects the “Galak” Easter egg line before the IP Court of Milan (Milan IP Court, Ruling no. 7026/2015, Nestlé Italiana v W.)

The Italian branch of the renowned Swiss multinational Nestlé has successfully defended its “Galak” branded line of white chocolate products before the IP Court of Milan, with particular focus on its Easter eggs.

Following interim proceedings in which it had already obtained a preliminary injunction, Nestlé filed a lawsuit for […]

Privacy violation by the press and compensation for non-pecuniary losses (District Court of Rome, ruling no. 9735/2015, M.M. v. Finegil Editoriale et al)

In a recent ruling, the District Court of Rome addressed an increasingly popular topic: the balance between freedom of the press and the right to privacy (we addressed the topic, for example, here).

M.M., a senior citizen, had been the victim of a street crime in her own town. The […]

Liability for damages caused by defective medical devices: the ECJ in the Boston Scientific case

(An Italian version of this post is published on Diritto 24 – Il Sole 24 Ore)

By decision of 5 March in joint cases C-503/13 and C-504/13, the European Court of Justice (“ECJ”) provided a preliminary ruling on the liability for damages caused by defective medical devices. The national proceedings […]

Italian Bank Ordered to Compensate Damages from Phishing

A recently published judgment of the Milan Civil Court (No. 14533/2014 of 5 December 2014) ordered an Italian banking institution to compensate two account holders for the damages caused by a phishing scam.

The lawsuit was filed by two brothers holding a joint account at the bank who, in 2009, […]

The Court of Milan protects the Ralph Lauren “Polo Player” trademark

On 5 November, the Court of Milan (Business Court “A”) issued a judgment on a dispute concerning the famous “Polo Player” trademark of the Ralph Lauren group, representing a polo player hitting a ball. In fact, the plaintiff The Polo/Lauren Company (“Ralph Lauren”), proprietor of a series of figurative […]

The Milan Business Court rules on the amount of damages resulting from a design infringement

(Published also on Diritto24, Il Sole 24 Ore)

By judgment of 14 November in proceedings with docket no. 76679/08, the Milan Business Court “A” ruled on the amount of damages suffered by the plaintiff due to the commercialisation of products infringing one of its registered designs. The decision matters for […]

Patent infringement and product families: the scope of claims, reach of injunction and extent of damages according to the IP Court of Milan

A recent ruling of the Milan IP Court in a patent litigation (which we already examined from a different perspective here) contains some interesting statements on the scope of infringement claims, the reach of court injunctions and the extent of damages.