Category Archives: Trademarks & Design

Use of a trademark as hashtag and protection of a position mark: the Dr. Martens case

use of trademark as hashtag

With its judgment of 30 July 2024, the Milan Court ruled on an interesting dispute concerning the well-known footwear trademark Dr. Martens. In the case at hand, the claimant company, owner of the trademark in question, alleged infringement of its rights, arguing that the defendant, without authorisation and for the purpose of promoting its own […]

Slogans and Trademarks: What Factors Make A Slogan A Distinctive Trademark?

In November 2025, the new Common Practice CP17, entitled “The Distinctive Character of Slogans”, was published. It aims to identify a set of common criteria for assessing the distinctive character of slogans for the purposes of their registration as trademarks. The work was carried out by the European Union Intellectual Property Office (EUIPO) and the […]

Italian Brainrot: who owns the rights?

The phenomenon of “Italian Brainrot” originated on the web as a set of surreal characters generated through AI and spread mainly via social platforms in the form of memes and other virtual content. Their success has not remained confined to the internet; in fact, one of the most important Italian publishing houses has launched the […]

The Extended Protection of PDOs: the PriSecco vs Prosecco Case

The General Court of the European Union recently ruled on 24 September 2025 (case T-406/24), establishing the prohibition of “evocation” of a protected designation of origin (PDO) even when the contested sign refers to products that are formally different, if there is a strong visual and phonetic similarity and a commercial proximity such as to […]