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UPC: the Düsseldorf LD on the concept of “imminent infringement”
The Court held that the declared intention to launch a biosimilar drug and the obtaining of the related Marketing Authorization did not constitute an "imminent infringement" of the patent on the originator drug. Therefore, the requested interim injunction was not granted.
The Court of Cassation on the infringement of the Rolex designs
In Judgment No. 24006/2023, the Court of Cassation dismissed the appeal of Swift Company S.r.l. against Rolex S.A. and Rolex Italia S.p.A., which had accused it of producing and marketing bracelets purportedly inspired by Rolex watch bezels and bearing the MGT sign, allegedly confusable with Rolex's GMT Master trademark.
Diversity of goods: EUIPO rejects Galbusera's opposition to the trade mark "Antico Caffè Tre Marie"
On 24 March 2023, the EUIPO Opposition Division rejected the opposition filed by Galbusera S.p.A. against the EU word mark application "ANTICO CAFFÈ TRE MARIE".
EU General Court dismisses action for invalidity of Lego brick design
In its judgment of 24 January 2024 in Case T-537/22, the General Court of the European Union dismissed the action brought by Delta Sport Handelskontor, rejecting its application for a declaration of invalidity of the Community design relating to the LEGO brick.
EU recognises Protected Geographical Indications for craft and industrial products
On 27 October 2023, EU Regulation 2023/2411 on the "protection of Geographical Indications for craft and industrial products" was published, which harmonises the different national regulations previously issued by Member States.
UPC: the Munich CD requires security for legal costs based on financial factors and Brexit
The CD ordered the claimant in a revocation action to pay a security of € 300,000 for the defendant’s legal costs, based on its financial position and the alleged difficulties in enforcing a cost decision in the UK.
The protection of the dachshund trademark: Thom Browne Inc. vs. Harmont & Blaine S.p.a.
The Milan Court of Appeal recognised the notoriety of the Harmont & Blaine’s signs depicting the profile of a dachshund
The Italian Advertising Self-regulatory Organisation sanctions Hendrick's Gin for violating the rules for advertising alcoholic beverages
The Italian advertising self-regulatory organisation (IAP) ordered Hendrick's Gin Distillery LTD and IGPDecaux s.p.a. to cease disseminating an advertising message regarding a gin, for violation of Article 22 of the Code of Advertising Self-Regulation.
Diesel vs. Calvin Klein: the distinctiveness of the stripe as a trademark
The Court of Appeal of Milan, on the basis of an earlier first instance decision, ruled on the distinctiveness of the "stripe" of the well-known Diesel brand
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).
The requirements for plagiarism of a musical work: a recent decision by the Court of Milan
The Court of Milan recently ruled on the issue of plagiarism of musical works.
Commercial communications and green impact: IAP's ruling on "Lines Natura" products
The Institute of Advertising Self-Regulation (IAP) recently ruled on commercial communications used by the company Fater S.p.a., owner of the "Lines" and "Lines Natura" brands.
Unauthorised Louboutins sold by third parties on Amazon: the CJEU rules on platform liability
The CJEU clarified whether and under what conditions the operator of an online sales platform can be held liable for trademark infringement by third-party sellers within the platform.
Faithful reproduction of model cars and trademark rights: the Ferrari case
The affixing of a sign which is identical to a trade mark registered, inter alia, in respect of motor vehicles to scale models of that make of vehicle in order to reproduce those vehicles faithfully is not intended to provide an indication as to a characteristic of those scale models, but is merely an element in the faithful reproduction of the original vehicles
The Supreme Court on the copyright protection of jewellery items
Last August 1st, with sentence No. 30289, the Supreme Court Criminal Section ruled on the possibility of granting copyright protection to jewellery items.
The limitations to the use of images of famous people: the “Rivera” case
The Italian Supreme Court regarding Article 97 of the LDA has ruled how photographic portraits of famous people can be published without prior consent, provided there is a public interest and the individual's right to privacy is not violated.
The "Ballon D'Or" trademark is saved by the bell: The EU General Court declares its validity for entertainment services.
The French company Les Éditions P. Amaury was able to have the EU Court partially overturn Euipo's earlier decisions by demonstrating the actual use of the "Ballon D'Or" trademark for entertainment services under Class 41 of the Nice Classification.