trademark infringement

The Milan IP Court on the infringement of Ferragamo’s “Vara” metal buckles

The Milan IP Court, on 12 July 2017, decided on a proceeding commenced by two Chinese shop owners against the Florentine fashion house Ferragamo S.p.A. (Docket no. 7940/2017). The plaintiffs had asked the Court to declare their non-infringement of Ferragamo’s historical trademarks – as represented below – reproducing the […]

The Catania IP Court Grants Protection to the KAMUT® Trademark

With Judgment No. 4710/2016 of 20 September 2016, the IP Court of Catania, Italy, granted protection to the well-known KAMUT® trademark against unauthorised use by local entrepreneurs.

The trademark in question is licensed free of charge by its American rightholder and the former’s European subsidiary, leaders in the field of […]

Morellato vs. Morellato: when the use of its own surname does not exclude trademark infringement

By preliminary order of 10 May 2016, the IP court of Venice upheld the infringement of the well-known word trademark “Morellato”, owned by the petitioner Morellato S.p.A., an Italian historical jewellery and watch company, by another Italian company with the same business name, trademark and domain name – all […]

The word “ham” cannot be monopolised to market hamburgers in Italy, says the IP Court of Naples

By an interim order of 22 December 2015, an IP Court Judge in Naples rejected the application of a catering company seeking a preliminary injunction against a competitor using “ham” as a distinctive sign.

The applicant, Change Food, established in 2010 to create a franchise built around the concept of […]

Lotto vs. Max Mara: a complex graphic pattern reproducing a figurative trademark does not constitute infringement per se, according to the Italian Supreme Court

On 3 November the Italian Court of Cassation ruled in the matter of alleged infringement of a figurative trademark reproduced by a third party within a complex graphic pattern used for ornamental purposes. In particular, the Court of Cassation rejected the appeal against a second instance ruling in which […]

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. […]