With decision of 20 October 2023 (case r 850/2022-1), the first Board of Appeals of the European Union Intellectual Property Office (EUIPO) confirmed the decision of the Cancellation Division, establishing the invalidity of the three-dimensional trademark constituted by the famous Rubik’s Cube. The first decision of the EUIPO Cancellation Division The “magic cube”, invented in […]
Category Archives: Trademarks & Design
The Vespa Case: three dimensional trademark and copyright
The Italian Supreme Court of Cassation recently decided on the “Vespa” case of the company Piaggio, with ruling no. 33100/2023, excluding that a product that has acquired artistic value can be registered as a three dimensional trademark. Are the notions of artistic value and substantial value similar? In 2001, art. 2 of the law no. […]
Made In Italy: new dispositions on the Protection of Cultural Heritage and Fight Against Counterfeiting
On December 27 2023 law no. 206/2023 – which aims to enhance and promote the excellence productions and the Italian cultural heritage, as they are considered strategic for the growth of national economy – came into effect. This recent legislative intervention introduces a number of dispositions protecting the made in Italy, including the possibility to […]
The role of social media communication in the Chiara Ferragni branded “Pandoro” case
With provision of December 15th 2023, the Italian Competition Authority (AGCM) fined Balocco S.p.A and the companies managing the trademarks and image rights of Chiara Ferragni (Fenice s.r.l. and TBS Crew S.r.l.) for the unfair commercial practice implemented, on the influencer’s social media accounts also, to promote “Pandoro Pink Christmas”, an Italian Christmas dessert. The […]