unfair competition

The Milan IP Court on the protection of confidential information and the unlawful solicitation of employees

With a preliminary decision of 26 February 2018, the IP Court of Milan recapped the principles governing unfair competition for the violation of confidential information and the unlawful solicitation of employees (docket no. 53629/18, Judge Mrs Giani). We recently mentioned a decision regarding a similar matter here on this […]

By |13 03 2018|Uncategorized|0 Comments|

Barilla wins long pillow fight

Early this year, a three-year long “pillow fight” engaged by Barilla came to an end with a ruling in favour of the Parma food giant (Milan IP Court, decision no. 830/2018 of 25 January 2018).*

In 2014, a small textile business, I. F., started manufacturing throw pillows reproducing the shape […]

By |05 03 2018|Uncategorized|0 Comments|

The Court of Milan on the disclosure of court decisions and unfair competition

The recent decision no. 2173/2018 of the IP Court of Milan analysed the compatibility of the disclosure of court decisions, or news related to them, with the unfair competition law, when carried out on the initiative of the interested party (rather than following an order from the Judge, which […]

By |02 03 2018|Uncategorized|0 Comments|

Protection of confidential information: the Brescia IP Court confirms that bankrupt companies enjoy protection against unfair competition

(The original Italian version is published on Diritto24 – Il Sole 24 Ore)

A recent order by the IP Court of Brescia (Docket no. 16565/17, Judges Mr Del Porto, Mr Scaffidi and Mrs Agnese) confirmed that bankrupt companies enjoy protection against unfair competition. This is a particularly important ruling at […]

By |22 01 2018|Uncategorized|0 Comments|

The Milan IP Court on the advertising of class C drugs

By first instance decision of 24 July 2017 (no. 8240/17), the IP Court of Milan ruled in a dispute between the two pharmaceutical companies Bayer and DOC Generici, stating that some communications spread by the latter constituted forbidden advertising of class C drugs and hence amounted to unfair competition […]

By |07 11 2017|Uncategorized|0 Comments|

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, […]

By |27 04 2017|Uncategorized|0 Comments|

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 […]

By |16 11 2016|Uncategorized|0 Comments|

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 […]

By |27 07 2016|Uncategorized|2 Comments|

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 […]

By |23 05 2016|Uncategorized|0 Comments|

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 […]

By |12 05 2016|Uncategorized|0 Comments|

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 […]

By |15 03 2016|Uncategorized|0 Comments|

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 […]

By |25 02 2016|Uncategorized|0 Comments|