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The Italian Supreme Court rules on the copyright protection of a work included in an exhibition stand (and on the consequences of Cofemel)
The Court confirmed the judgment of the Milan Court of Appeal, which denied copyright protection to the lamp pictured on the left, in respect of the one on the right. It also mentions Cofemel and the need to disapply the artistic value requirement.
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 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 Italian Supreme Court rules on the 3D trademarks of Hermès bags and the value of surveys
The Supreme Court disputes the assessment of the absence of distinctive character made by the Court of Appeal: "Its statement that the shapes of the Kelly and Birkin bags are "standardised" is apodictic, as it does not explain the reasons for the lack of original and acquired distinctive character".