unfair competition

The Court of Rome stops the Uber Black app for unfair competition

By preliminary order of 7 April 2017, the Court of Rome enjoined the Uber Group – after the Court of Milan’s previous order regarding the Uber Pop app – from continuing to provide and advertise vehicle hire with driver services by means of the Uber Black app in Italy, […]

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 […]

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 […]

The Milan IP Court protects the Arbre Magique figurative trademark

By first instance decision no. 5844/16 of 10 May, the Milan IP Court granted protection to the figurative trademark representing the famous “Arbre Magique”, owned by Julius Samann Ltd (“JSL”). The latter was considered to be infringed by the “Forest Fresh” trademark held by the competitor Siscar Spólka z […]

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 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 protects the (unregistered) designs of fabrics

On 17 February, the Milan IP Court (Judge Mrs Zana) issued an interesting order relating to unregistered design protection and parasitic unfair competition with reference to the copy of the designs of some fabrics.

The proceedings were initiated in late December 2015 by an historic Italian cotton mill specialising in […]

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 […]

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 […]

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 […]

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 […]