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1 minute Martini Manna

case-law Andrea Bramati case-law Andrea Bramati

ANIMAL FARM and 1984: according to EUIPO, titles of literary works are not registrable as trademarks where the public does not perceive them as indicators of commercial origin

By decision of 27 May 2026, issued in joined cases R 1719/2019-G and R 1922/2019-G, the Grand Board of Appeal of EUIPO confirmed the partial refusal of registration of the signs ANIMAL FARM and 1984, corresponding to the titles of George Orwell's famous novels, in respect of a series of goods and services falling, among others, within Classes 9, 16, and 41 (as well as, for the ANIMAL FARM mark alone, Class 28).

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case-law Elena Martini case-law Elena Martini

The Italian Supreme Court on the Piaggio Vespa: no to the 3D trademark, yes to copyright (even if it had no artistic value?)

The Court granted copyright protection but concluded that the shape of the Vespa might not be entitled to 3D trademark protection as it would be a “shape that gives substantial value to the product “. The next day, the EU General Court annulled the EUIPO BoA decision which had declared the same trademark null and void due to a lack of distinctive character.

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Guest User Guest User

Faithful reproduction of model cars and trademark rights: the Ferrari case

The affixing of a sign which is identical to a trade mark registered, inter alia, in respect of motor vehicles to scale models of that make of vehicle in order to reproduce those vehicles faithfully is not intended to provide an indication as to a characteristic of those scale models, but is merely an element in the faithful reproduction of the original vehicles

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