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1 minute Martini Manna

Martini Manna Martini Manna

European unitary patent: the ECJ rejects two actions filed by Spain

With two very recent judgments – in cases C-146/13 and C-147/13 – the European Court of Justice (ECJ) put an end to Spain’s hopes of obtaining the annulment of EU Regulations no. 1257/2012 of the European Parliament and no. 1260/2012 of the Council of Europe in the matter of European unitary patents.

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Martini Manna Martini Manna

Louis Vuitton in check: the ECG declared the trademark representing the chequerboard pattern of LV’s historical trunks to be invalid

The General Court of the European Union (EGC) recently rejected the action brought by Louis Vuitton Malletier against the decision in which the Board of Appeal of OHIM declared the invalidity of its figurative Community trademark (or more specifically, confirmed the previous judgment of the Cancellation Division of OHIM) representing the iconic brown and beige chequerboard pattern used in the nineteenth century as a covering for trunks and today for high quality leather goods.

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Elena Martini Elena Martini

The Skype trademark cannot be registered in the EU due to a likelihood of confusion with the SKY trademark

By three decisions of 5 May 2015 in cases T-423/12, T-183/13 and T-184/13, the General Court of the European Union (“GC”), stated that there exists a likelihood of confusion between the figurative and word trademarks SKYPE and the prior word trademark SKY, which prevents the registration of the SKYPE sign as a Community trademark.

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Luigi Manna Luigi Manna

“Pinocchio” is a valid Community trademark – and it’s not a lie

With its decision on 25 February 2015 in Case R 1856/2013-2 Yves Fostier v. Disney Enterprises, Inc., partially allowing an appeal, the Second Board of Appeal of OHIM (Office for Harmonization in the Internal Market) confirmed the validity of the word “PINOCCHIO” as a Community trademark (CTM).

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Elena Martini Elena Martini

The Court of Milan in Mylan v. Boehringer applies the ECJ decisions on supplementary protection certificates

y decision no. 4136/2015 of 31 March (in Mylan v. Boehringer), the Court of Milan declared the invalidity of a supplementary protection certificate (“SPC”) for a combination of two active ingredients, one the object of a basic patent (and already covered by an SPC) and the other one in the public domain but claimed in the patent in combination with the ingredient object of the invention.

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Elena Martini Elena Martini

The ECJ in Actavis v. Boehringer on supplementary protection certificates

On 12 March, the Court of Justice of the European Union (“ECJ”) ruled on the possibility of issuing a valid supplementary protection certificate (“SPC”) for a combination of two active ingredients, one the object of the basic patent (and already covered by an SPC) and the other one in the public domain but claimed in the patent in combination with the ingredient object of the invention.

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Luigi Manna Luigi Manna

A Lawyer’s Work May Be Protected By Copyright

A recent judgment of the IP Court of Venice addresses a perhaps unprecedented issue in Italian case law: that of the protection under copyright laws of a work created by a lawyer for their client in the performance of legal services.

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Elena Martini Elena Martini

The Italian Supreme Court on the use of a surname as a trademark: Alessi vs. Exclusive di Giacinto Alessi

By judgment no. 3806/15, published a few days ago, the Italian Supreme Court ruled on the infringement of an earlier registered trademark by a company name and corresponding unregistered trademark containing a surname identical to the earlier mark. Specifically, the earlier registered trademark was the CTM “Alessi”, held by the plaintiff Alessi S.p.A., operating in the advertising industry, whilst the defendant, operating in the same field, was named “Exclusive di Giacinto Alessi s.r.l.” and used the corresponding unregistered trademark.

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