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Collective trademarks including protected designations of origin: the case of "Chianti Gran Selezione"
On 26 July 2024, the Second Board of Appeal of the EUIPO rejected the appeal filed by Consorzio Vino Chianti against the refusal to register EU collective trademark no. 018441418 for lack of distinctiveness pursuant to Article 7(1)(b) EUTMR and Article 76(1) EUTMR.
The EUIPO's recent decision on Loro Piana's position mark
EUIPO rejected a European so called "position" trade mark application by Loro Piana on the basis of Article 7(1)(b) RMUE, according to which the registration of trade marks without distinctive character is prohibited.
The name ‘Pablo Escobar’ may not be registered as a trade mark: the recent decision by the EU General Court
The Third Chamber of the General Court of the European Union dismissed the appeal filed by Escobar Inc. against the decision of the Fifth Board of Appeal of the EUIPO, which had confirmed the rejection of the application for registration of the trade mark 'Pablo Escobar'.
‘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.
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".
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.
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
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 protection of the PGI “Aceto balsamico di Modena”
In early 2023, in a ruling of considerable interest, the Milan Court of Appeal ruled on the interference of the sign "Acetaia del balsamico" with the PGI "Balsamic Vinegar of Modena."
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.
The new procedure for trademark invalidity or revocation before the Italian Patent and Trademark Office
As of 29 December 2022, eligible subjects will be able to file an application with the Italian Patent and Trademark Office for a declaration of invalidity or revocation of a registered trademark.
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 relationship between NFTs and trademark protection: the Juventus case
An important ruling by the Court of Rome that opens the way for an interesting debate regarding the applicability of certain judicial measures to products from the blockchain world
The Eu Court on the distinctiveness of the trademark-slogan
The EU General Court clarified that in relation to marks consisting of signs that are used as trade slogans, the registration is not precluded by reason of such use as long as those marks are suitable for assuring consumers of the origin of the goods or services they designate.
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.