design @en

Wheel rim designs and replica rims: Audi wins before the Milan IP Court

In its decision no. 2271/2015 published on 19 February 2015, the IP Court of Milan once again tackled an issue that has pitted car manufacturers and component makers against each other for years: the scope of the so-called “repair clause”.

Audi AG, the German car manufacturer, filed a lawsuit against […]

Bad faith in the registration of Community designs

On 4 December, the business Court of Milan ruled in the matter of a Community design registration by an unentitled party (judgement n. 14426/2014). In particular, the Court was called to decide a dispute between two companies, the plaintiff Cubica Ltd—later named Too Late Ltd—and the defendant Squan di […]

New risks for design works (and Italy)

(Published also on Diritto 24 – Il Sole 24 Ore)

The copyright protection of industrial design works in Italy seems to be at risk again. This is because of a rule introduced in the so-called “Sblocca Italia” (“Unblock Italy”) decree due to be published shortly, which would change for the […]

Concomitance of Slavish Imitation and Design Infringement: a Case in Point

Recent ruling no. 8215/2014 of the IP Court of Milan is by no means a ground-breaking precedent, but it does provide a good example of cumulative protection of the design of a product (a subject which we have already addressed here).
A well-known Italian household appliances manufacturer acted on an […]

A Ruling of the IP Court of Bologna on the Concept of the “Informed User” in regard to Components of Complex Products

(IP Court of Bologna, Judgment no. 1041/2014 of 28.03.2014) Ruling in a court case centred around the component of a complex product, the IP Court of Bologna, partially contradicting its own appointed expert, made some interesting points on the concept of the “informed user” in design matters. A manufacturer of […]

Silhouette (again) stops infringers at the MIDO fair

For the second consecutive year, Silhouette, the world leading premium rimless eyewear company based in Austria, assisted by our law firm, successfully enforced its IP rights at the International Optics MIDO Fair which took place in Milan from 1 to 3 March.

The action led to find nine companies […]

The IP court of Milan protects Le Corbusier

The original Italian version of this article was published on Diritto 24 of Il Sole 24 Ore

With sentence no. 2311/14, issued on 17 February 2014 in case no. 37937/11, the Milan IP Court (Judges Mrs. Tavassi, Mr. Perrotti and Mrs. Gandolfi) decided in favour of Cassina S.p.a. in proceedings […]

A Ruling of the Milan IP Court on Cumulative Protection of Industrial Products

(The Italian version of this article appeared on Diritto 24 – an online section of Il Sole 24 Ore) In the Italian legal system, an industrial product can enjoy cumulative protection under design, copyright, unfair competition, trademark, and even patent laws. The main effect of cumulative protection is to stretch […]

The IP Court of Milan Rules on Interim Non-infringement Proceedings

A relatively recent decision issued by the Milan IP Court (July 27, 2013, Judge Giani) offers interesting insights on the subject of interim, “pre-emptive” actions for a declaration of non-infringement, brought by potential infringers.