unfair competition

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 […]

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 […]

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 […]