Blog
Welcome to our blog.
Looking for something specific?
Enter your keywords in the searchbar below.
‘GENQUILA’, TEQUILA and the scope of ‘evocation’ according to the EUIPO
The EUIPO found that a trademark application for the sign ‘DUTCH GENQUILA’ should be rejected for all alcoholic beverages including wines as it evoked the PGI ‘TEQUILA’
The EUIPO upholds PRIO DONNAFUGATA's opposition against SPRIO SPRITZ's application for registration
The EUIPO recently upheld Opposition B 3142350 against the EU word trademark application no. 018334069 “SPRIO SPRITZ”, based on the Italian word trademark “PRIO DONNAFUGATA”, filed against goods in Class 33.
UPC Court of Appeal lifts preliminary injunction in Genomics vs NanoString
By the order under discussion, the CoA overturned this decision finding that, contrary to the judgement of the CFI, the validity of the patent at issue was not established with a sufficient degree of certainty for the injunction to be issued.
Car Manufacturers’ Trademarks and Car Parts – The CJEU Does Not Change Its Mind
EU Court of Justice rules on use of trademarks on non-OEM spare parts
The protection of minors as recipients of advertising communications
The Italian Institute of Advertising Self-Regulation Jury has ruled on the lawfulness of a recent Vodafone commercial dedicated to the purchase of smartphones in installments, in relation to the role of minors in advertising.
UPC: the Court of Appeal can decide without technically qualified judges
The Court of Appeal (CoA) of the UPC stated that, in proceedings that do not involve technical issues, the Court of Appeal can decide without technically qualified judges.
UPC: the Paris CD on the notion of "same parties"
The court elaborated on when two parties are to be considered the “same parties” under Article 33 UPCA, based on which, if an action for infringement between the same parties relating to the same patent has been brought before a local or a regional division, the revocation action may only be brought before the same local or regional division.
The EUIPO Board of Appeal invalidates the Rubik's Cube 3D trademark
In agreement with the Cancellation Division, the BoA considered that the contested trademark was registered in breach of Art. 7(1)(e)(ii) of EU Regulation no. 207/2009 as it consists exclusively of a shape that is necessary in order to obtain a technical result.
The Italian Patent and Trademark Office grants reputed trademark protection to “EXCELLENCE” by Lindt
The Italian Patent and Trademark Office upheld Lindt's opposition against the registration of the ETNA EXCELLENCE trademark for chocolate and similar products, in light of Lindt's prior rights to the EXCELLENCE trademark.
The Italian Supreme Court on the Piaggio Vespa: no to the 3D trademark, yes to copyright (even if it had no artistic value?)
The Court granted copyright protection but concluded that the shape of the Vespa might not be entitled to 3D trademark protection as it would be a “shape that gives substantial value to the product “. The next day, the EU General Court annulled the EUIPO BoA decision which had declared the same trademark null and void due to a lack of distinctive character.
UPC: the CoA on the filing of annexes to the statement of claims
The defendant’s deadlines for the submission of its preliminary objection and statement of claim shall be calculated from the date when the annexes to the statement of claim were made available to the defendants, and not from the earlier date in which the statement of claim – without those annexes – was served on the defendants.
UPC: the Nordic-Baltic RD on third parties’ access to pleadings
The applicant stated that he was interested to see how the claim division was framed, particularly since it was filed in parallel with cases in other divisions, and that he believes there is broader public interest in this information being made available for public scrutiny and discussion.
UPC: The Hague Local Division on change of language
The LD ordered that the language of the proceedings (Dutch) be changed to English, i.e. the language of the patent, to avoid considerable translation time and costs for the defendant.
The proof of pre-disclosure in patents according to the Italian Supreme Court of Cassation
In its recent order no. 16314/2023, the Italian Supreme Court ruled on the pre-disclosure proof requirements in patent law, stating that the choice between the various findings in support of the decision is ultimately the choice of the judge of the merits
The Italian Supreme Court rules out the Italian jurisdiction over the infringement of the German portion of an international design registration
The Italian courts’ jurisdiction was deemed to be limited to the request for a declaration of non-infringement of the Italian portion of Alfa’s international design registration (which in fact was not under discussion).
No protection for Grana without the adjective "Padano"
The Court of Turin ruled on an action related to an alleged evocation and/or unlawful direct or indirect use of the Grana Padano PDO (Protected Designation of Origin) and the Riserva category
The case of white beer: invalidity of the mark 'La Bianca' as the sign coincides with a characteristic of the product.
The IP Section of the Court of Milan ruled on the age-old issue of the assessment of the descriptive character of a trademark and in particular the coincidence of the trade mark with a characteristic of the product.
ICA closes without sanctions proceedings on Idealista's "No. 1 in Italy" claim
The Italian Competition Authority closed, without issuing any sanctions in acceptance of the commitments of Idealista S.p.A, the procedure in which it had contested unfair commercial practices relating to alleged misleading advertising where the company called itself "No. 1 in Italy".
The EU General Court rules on the protection of McCain's "smile" as a 3d trademark
The EU General Court (Case T-553/21) has ruled on the issue of trademark revocation and clarified what elements a trademark owner must provide to prove genuine use.
The Italian Data Protection Authority fines the famous Douglas perfume chain
In its recent Order No. 348 of 20 October 2022, the Italian Data Protection Authority ruled on the data collection and processing policies for marketing and profiling purposes of Douglas Italia S.p.a., the renowned perfume and cosmetics chain.