New Regulation of the Italian Communications Authority: copyright protection on electronic communication networks

With resolution no. 490/18, after a public consultation, the Italian Communications Authority (AGCOM) approved several amendments to the Regulation on copyright protection on electronic communication networks (we discussed the previous Regulation here on this blog, and the consolidated text of the new one is available at this link). The […]

By |05 12 2018|Uncategorized|0 Comments|

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 […]

By |03 07 2017|Uncategorized|0 Comments|

The Piaggio Vespa is granted three-dimensional trademark and copyright protection

With decision no. 1900/17 of 4 April, the IP Court of Turin granted three-dimensional trademark and copyright protection to the famous “Vespa” scooter by Piaggio.

The proceedings from which the decision originates were started by two Chinese companies that, following a criminal complaint by Piaggio, had three scooter models seized […]

By |13 04 2017|Uncategorized|2 Comments|

Copyright on industrial design: the IP Court of Milan grants protection to the Moon Boots

In a decision published on 12 July (no. 8628/2016), the IP Court of Milan granted copyright protection to the Moon Boots by Tecnica Group S.p.A., the famous après-ski boots in vogue for decades, ascertaining that they were infringed by the Anouk après-ski boots by Anniel depicted below to the […]

By |27 07 2016|Uncategorized|2 Comments|

The Court of Turin on the coexistence of identical trademarks, between limitation for acquiescence and absence of infringement

On 22 April, the Turin IP Court issued an interesting judgment (no. 2256/16) on the long-term coexistence of two identical trademarks used for identical products. The Judges looked specifically at the effects of such co-existence for the purposes of the so-called “validation” of the later trademark and the infringement […]

By |03 05 2016|Uncategorized|0 Comments|

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 […]

By |18 01 2016|Uncategorized|0 Comments|

Milan IP Court does not turn a blind eye on Flirting trademark

With an order dated 28 December 2015, the IP division of the Milan Court granted provisional protection to the “wink” trademark characterising the Flirting collection of well-known fashion blogger and designer Chiara Ferragni.

The trademark holder (the company Mofra Shoes, which has a partnership agreement with Ms Ferragni) filed a […]

By |12 01 2016|Uncategorized|0 Comments|

The Milan IP Court in the ParkToFly vs Fast Parking case

On 5 October, the IP Court of Milan (Judge Mrs Tavassi) issued an interim decision in a dispute between two companies managing paid car parks, respectively the licensor and licensee of the ParkToFly trademark and of the booking software hosted on the domain name

According to the claimant, […]

By |12 10 2015|Uncategorized|0 Comments|

Barilla halts the use of its word trademarks for cookie-shaped pillows

Following a preliminary proceeding commenced by Barilla against an Italian textile company to stop the production and commercialisation of pillows reproducing the name and the shape of some of Barilla’s most famous cookies, the Milan IP Court upheld both the word trademark infringement and the parasitic competition claim, granting […]

By |06 10 2015|Uncategorized|0 Comments|

Infringement of a utility model under the doctrine of equivalents: a recent decision of the Milan IP Court

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

On 10 September, the IP Court of Milan issued an interesting ruling (no. 10164/15) on the infringement of a utility model under the doctrine of equivalents. This indicates, as it is known, a doctrine elaborated […]

By |17 09 2015|Uncategorized|0 Comments|

The Milan IP Court denies the infringement of a complex trademark by Apple

In decision no. 7640/13, published on the 5th of August, the IP Court of Milan ruled that the Community word trademark “IWEB”, owned by Apple Inc., does not infringe the earlier Italian trademarks owned by Galgano Informatica S.r.l., dismissing at the same time the counterclaim of invalidity proposed by […]

By |02 09 2015|Uncategorized|0 Comments|

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 […]

By |29 06 2015|Uncategorized|0 Comments|