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1 minute Martini Manna
"CHAMPAGNE” versus “CHAMPRICE”: “enhanced” PDO protection
On 17 December 2024, the Opposition Division of the EUIPO issued a decision in the PDO protection landscape, upholding opposition no. B 3207890 against the registration of trademark application no. 018918364 “CHAMPRICE”
Collective trademarks including protected designations of origin: the case of "Chianti Gran Selezione"
On 26 July 2024, the Second Board of Appeal of the EUIPO rejected the appeal filed by Consorzio Vino Chianti against the refusal to register EU collective trademark no. 018441418 for lack of distinctiveness pursuant to Article 7(1)(b) EUTMR and Article 76(1) EUTMR.
The EUIPO upholds PRIO DONNAFUGATA's opposition against SPRIO SPRITZ's application for registration
The EUIPO recently upheld Opposition B 3142350 against the EU word trademark application no. 018334069 “SPRIO SPRITZ”, based on the Italian word trademark “PRIO DONNAFUGATA”, filed against goods in Class 33.
The protection of minors as recipients of advertising communications
The Italian Institute of Advertising Self-Regulation Jury has ruled on the lawfulness of a recent Vodafone commercial dedicated to the purchase of smartphones in installments, in relation to the role of minors in advertising.
The proof of pre-disclosure in patents according to the Italian Supreme Court of Cassation
In its recent order no. 16314/2023, the Italian Supreme Court ruled on the pre-disclosure proof requirements in patent law, stating that the choice between the various findings in support of the decision is ultimately the choice of the judge of the merits
The new procedure for trademark invalidity or revocation before the Italian Patent and Trademark Office
As of 29 December 2022, eligible subjects will be able to file an application with the Italian Patent and Trademark Office for a declaration of invalidity or revocation of a registered trademark.
Distinctive character and the relevant public: the registrability of a colour trademark for the General Court of the European Union
The European General Court, while reiterating that colour marks can only be registered exceptionally, emphasises that the key point must be the assessment of the distinctive character determined in relation to the goods/services claimed and the consumers concerned
Three-dimensional trademarks, iconic does not mean distinctive. The registration of Dior's “Saddle Bag” has been denied (for now)
Although iconic, for the EUIPO the shape of Dior's “Saddle Bag” does not deviate sufficiently from the industry standard to have original distinctiveness
Trademark revocation for non-use: Apple will have to “Think Different”
The General Court of the European Union confirmed the revocation of Apple's iconic “Think Different”
The Italian Competition Authority sanctions Zalando for ambush marketing
With its first decision on the topic of ambush marketing, the Italian Competition Authority lays down guidelines for advertising campaigns
“Private copying” exception: applicability to cloud storage
The ECJ ruled on whether the storage of content in the context of cloud computing services falls within the exception for “private copying” referred to in Article 5(2)(b) of Directive 2001/29/EC.