Italy

Advertising non-prescription medicines is lawful even if they are not OTCs, says the Italian Council of State

By decision no. 2217/2017 of 12 May, the Italian Council of State affirmed the possibility of advertising not only over-the-counter medicines (OTCs) but all medicines that can be bought without prescription (NPMs), save the need to obtain the prior approval of the Ministry of Health for the individual advertisements.

The […]

The Italian Supreme Court on copyright protection for Thun’s design works

On 23 March 2017, the Italian Supreme Court issued decision no. 7477/2017 in a case concerning the marketing of copies of the well-known Thun statuettes, reiterating the principles governing the copyright protection of industrial design. The decision is in line with the now consistent case-law formed in the last […]

The right to be forgotten, search engines and the scope of jurisdiction of the DPA: a ruling by Italy’s Garante della privacy

In a decision issued on 26 February 2017, the Garante della privacy (the Italian Data Protection Authority) ruled on the application of an Italian resident seeking the removal from Yahoo!’s search engine of links to a US website reporting news of an old judicial mishap that had occurred to […]

The Milan IP Court protects the Ferragamo trademarks

By first instance decision no. 5732/16 of 3 May, the Milan IP Court granted protection to the “Gancini” trademark held by Salvatore Ferragamo S.p.A. against the competitor DC Brands International Ltd. Here are Ferragamo’s three registered trademarks enforced in the proceedings, the first two being national trademarks and the […]

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 […]

The Court of Turin compares Geox and Primigi’s figurative trademarks

By order of 26 April, the IP Court of Turin dismissed the motion for preliminary injunction and seizure filed by Geox S.p.A. for trademark infringement against Imac S.p.A., the manufacturer of the “Primigi” branded children’s shoes.

Geox alleged that its registered figurative trademark shown below to the left was infringed […]

The protection of industrial design at the intersection between design rights, copyright and unfair competition in a Milan Court ruling

A recent comprehensive ruling by the IP Court of Milan provides a good example of cumulative protection afforded to industrial designs in the Italian legal system (Ruling no. 1935/2016, Chairing Judge M. Tavassi).

Thun, a company known for its round-edged, antique-looking ceramic figurines inspired by the natural world, filed a […]

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 Turin IP Court protects the registered designs of showerheads

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

On 30 December, the IP Court of Turin ruled as a precautionary measure for the protection of the registered designs of some showerheads. The subject matter is the same as we discussed here a few days […]

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 […]

The Milan IP Court confirms the protection granted to Barilla against the pillows that imitate its cookies

We recently talked here on this blog of the motion filed by Barilla against an Italian company (“the respondent”) that sells pillows with shapes and names that are similar to those of some of the applicant’s goods. In the preliminary decision that we discussed, the appointed Judge found for […]

Unfair competition by violation of tax laws: the Milan IP Court on the “permanent establishment” in Italy

(An Italian version is published also on Diritto24 – Il Sole 24 Ore)

The Milan IP Court recently dealt with the competitive effects of the violation of tax rules on “permanent establishment” in Italy (order of 16.11.2015, Judge Mrs Gandolfi). These are essentially the rules, including in particular Art. 162 […]