During a trademark opposition proceeding, the applicant of the opposed trademark can ask the owner of the earlier trademark, on which the opposition is based, to prove the serious and effective use of the title in relation to the goods and services for which it was registered. In lack of proof, the opposition is rejected. […]
With order published on July 18th 2023 (n. 20800/2023) the Italian Supreme Court of Cassation retraces the calculation criteria to be applied in the quantification of a damage compensable by the infringer, even when the activity of counterfeiting is not culpable. The case The Court examined an issue concerning the amount of compensation to be […]
The EUIPO Board of Appeals, in the decision given on June 1st 2023 in case R2305/2022-2, excluded the registrability as a European trademark of the sign constituted by an emoji representing a hand gesture, thus confirming the decision of the examiner of the European Office. Emoji and distinctive character of a EU trademark The registration […]
The specialized section on corporate matters of the Court of Appeal of Milan recently decided on a controversy between two well-known fashion companies, Diesel and Calvin Klein, having as object the “stripe” tag. Background The company Diesel has been manufacturing and marketing casual clothing items, including blue jeans, for years. Such products are characterized by […]
April 26th is World Intellectual Property Day, promoted by WIPO, the World Intellectual Property Organization. The theme...
