Category Archives: Trademarks & Design

The Italian Supreme Court rules again on the notorious trademark

notorious trademark

The Italian Supreme Court of Cassation, with the recent judgment no. 27217/2021, decided on the merits of the notorious trademark, by accepting the appeal of the fashion house G.G. that was requesting the declaration of invalidity of the registration of two trademarks owned by a Chinese citizen, due to lack of novelty. In particular, the Italian […]

The sound trademark and the criteria concerning its registrability

sound trademark

For the first time overall, the European General Court recently expressed its view about the registration of a sound trademark filed through an audio file at the European Union Intellectual Property Office (case T-668/19). In particular, the decision comes after the filing in the EU of a sound trademark application basically formed by a sound […]

Tridimensional trademarks and distinctive character

tridimensional trademarks

The European General Court, with judgment of July 14, 2021 (cause T-488/20) annulled the EUIPO decision, which stated that the tridimensional sign constituted by the shape of a lipstick could not be registered as a trademark because of its lack of distinctive character. In particular, the decision follows the filing made in 2018 by a […]

The owner of a luxury brand has the right to oppose sales through unauthorised e-commerce

The Court of Milan, with the order n. 3755 of 11 May 2021, established that sales methods, even through online sites, of a retailer outside the selective distribution network of a luxury brand that are detrimental to the prestige and reputation of the same can be prevented. In this case, in fact, the principle of […]