slavish imitation

The Milan IP Court protects Ports shoes against imitations

On 30 December 2016, the Milan IP Court (Business Court A) issued a preliminary injunction against the marketing of footwear constituting the slavish imitation of shoes with a bow made by Ports 1961 (Ports). Below are the original Ports shoes (to the left) and the imitations (to the right).

In […]

The Milan IP Court on Community design infringement and the slavish imitation of a designer watch

The Milan IP Court, with ruling no. 8986/2016 published on 18 July 2016, stated that the commercialisation of some watches made by the Italian competitor Blu Trade S.r.l. and its distributor, Coin S.r.l., infringed the Community design no. 919204-002, registered in 2008 by the Danish company Noon Copenhagen AS, […]

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 issues an interim order protecting the O bag design against infringement by Ju’sto

On 24 December 2015 the Court of Milan, Business Chamber “A”, issued an interim order granting the preliminary appeal by Full Spot S.p.A., the company commercialising the well-known “O bags”. The order found that some bags by the company Ju’sto S.r.l. infringed the “O bags” registered design, and that […]

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 […]

The Florence IP Court protects Tuscany’s PDO wine Vino Nobile di Montepulciano

With ruling no. 3575/2015 of 21 October 2015, the Company Matters division of the Florence District Court (whose jurisdiction encompasses IP matters) awarded a major victory to Consorzio del Vino Nobile di Montepulciano, a trading association representing the interests of grape growers and winemakers engaged in the production of […]

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 www.parktofly.it.

According to the claimant, […]

Slavish imitation of competitors’ packaging: a decision from the Milan Tribunal

Judgment no. 8817/2015 of 17 July 2015 of the Business Matters Section of the Milan Tribunal is one of a long list of rulings by this Court on the imitation of the packaging of competitors’ products (such as those we discussed here and here).

The manufacturer of a renowned consumer […]

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 […]

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. […]

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 […]