Patent enforcement in Italy beyond and after civil proceedings (Court of Cassation, Criminal Chambers, Ruling No. 15646/2015)

(Article co-authored by Luca Musso, Studio Legale Musso)

A legal dispute between two competing businesses in the construction sector involving some of the most compelling issues in patent enforcement came to a close with the Court of Cassation (Criminal Chambers) ruling no. 15646/2015. A closer look at how the proceedings unfolded […]

The Court of Milan in Mylan v. Boehringer applies the ECJ decisions on supplementary protection certificates

By decision no. 4136/2015 of 31 March (in Mylan v. Boehringer), the Court of Milan declared the invalidity of a supplementary protection certificate (“SPC”) for a combination of two active ingredients, one the object of a basic patent (and already covered by an SPC) and the other one in […]

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 […]

The shape of the Royal Oak by Audermars Piguet is not protectable as a trademark, says the Court of Milan

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

The Court of Milan (Business Chamber “A”) recently issued an interim decision on the possibility of protecting the shape of a product as a trademark and against slavish imitation (order of 12 March 2015, docket no. […]

A Lawyer’s Work May Be Protected By Copyright

A recent judgment of the IP Court of Venice addresses a perhaps unprecedented issue in Italian case law: that of the protection under copyright laws of a work created by a lawyer for their client in the performance of legal services.

The case brought before the Court regarded an anti-counterfeit […]

The Italian Supreme Court on the use of a surname as a trademark: Alessi vs. Exclusive di Giacinto Alessi

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

By judgment no. 3806/15, published a few days ago, the Italian Supreme Court ruled on the infringement of an earlier registered trademark by a company name and corresponding unregistered trademark containing a surname identical […]

“Forum shopping” in Italian IP litigation: the Milan IP Court summarises the current judicial trend

A recent ruling of a panel of Milan IP judges offers a useful perspective on the views of Italian courts on “forum shopping” in the context of IPR infringement proceedings.

The plaintiffs in a trademark infringement and unfair competition case had chosen the Milan Court as the venue of the […]

The “Salame Felino” war ends in a victory for Kraft

A lengthy Italian judicial saga on geographical indications, which also spawned a European Court of Justice preliminary ruling, has finally come to an end with Court of Cassation ruling no. 28228/2015, published on the 12th of February 2015.

A producers’ trade association for the protection of “Salame Felino”, supported by […]

Gianni Rivera against Gazzetta dello Sport in image rights dispute

The Milan Business Court “A” recently ruled in a case of image rights infringement initiated by the famous soccer player Gianni Rivera against RCS Mediagroup S.p.A. Rivera challenged the undue exploitation of his image made between 2003 and 2012 by RCS through the marketing, along with the newspaper “La […]

Trademark infringement, parallel imports and burden of proof: Converse succeeds before the Court of Milan

(Court of Milan – Enterprise Matters Specialized Section – Ruling No. 1409/2015)

The section of the Milan Court dealing with IP matters recently issued an interesting ruling in a trademark infringement and parallel import case.

The lawsuit had been filed by Converse Italia—the Italian branch and the exclusive licensee on Italy’s […]

Negotiations between the parties do not entail lack of danger of irreparable harm, says a Milan IP Court

(Court of Milan, Specialized Section in Enterprise Matters, order no. 62286/14 of 11.12.2014)

A court order dismissing an interim motion on account of prolonged negotiations between the parties to the proceedings is invalid, according to a recent appeal ruling issued by the Enterprise Matters Section of the Court of Milan.

A […]

Here we are – again – on WTR 1000 – The World’s Leading Trademark Professionals!

The 2015 edition of World Trademark Review 1000 – The World’s Leading Trademark Professionals was published yesterday and is available online here.

Here are the comments provided on our law-firm and the name partner Elena Martini, which, for the third consecutive year, were included in the “Firms” and in the “Individuals: […]