Category Archives: Trademarks & Design

Coexistence Agreement and Successors: the Decision of the Court of Palermo

A company dealing with coffee production and distribution sued, before the Court of Palermo, a joint-stock company operating in the same commodities sector asking to ascertain and declare that the latter was constrained by a coexistence agreement undersigned, at the time, by two sole proprietorships that the two companies, partied involved, had then succeeded. By […]

Reproduction of a trademark of others on model cars: the decision of the Court of Cassation

The Italian Supreme Court of Cassation, by order no. 32408 of 7 July 2022, rejected the appeal brought by the well-known Maranello car manufacturer stating that the faithful reproduction of its classic car models not only does not infringe any industrial right or copyright but it does not represent also an act of unfair competition. […]

Louboutin vs Amazon: the Court of Justice clarifies the responsibility of the provider in case of infringement 

responsibility of the provider - Louboutin vs Amazon

The European Court of Justice by decision 22 December 2022 (joined cases C-148/21 and C-184/21) clarified the notion of “use” of a trademark on the online market, redefining the boundaries of the responsibility of the provider of the marketplace for the illicit use of the trademarks of others. The Court expressed itself following the referral […]

The New Invalidity and Revocation Administrative Procedure for Italian Trademarks 

New Invalidity and Revocation Administrative Procedure for Italian Trademarks

As of 29th December 2022, it is possible to start the new administrative procedure to assess the revocation and to request the invalidity of a currently valid registered Italian trademark before the Italian Patent and Trademark Office. The new administrative procedure pairs the traditional judicial procedure aiming at simplifying and speeding the resolution of disputes […]