The court found for design infringement and calculated damages based on the profits lost due to the infringers’ commercialisation, thus applying one of the criteria established by art. 125 Italian IP Code for damage calculation.

The court found that the ZzzQuil packaging is distinctive and that competitor’s product illicitly imitate it, as incorporates all its identifying elements.

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.

it is often difficult to obtain the registration and judicial protection for 3D trademarks corresponding to the shape of the relevant product. Here are some of the most recent and well-known decisions on the matter issued by the Italian courts.

(picture by Lisa Fotios - pexels.com)

Three years after COFEMEL, the Italian trial courts still seem far from recognising that copyright protection cannot be conditional on the existence of any artistic value. Here are the most relevant decisions on the matter.

As of 21 September 2022, subsidies allocated through the Fund for the Development of AI, Blockchain and IoT can be requested from the Italian Ministry of Economic Development.

The development of AI requires significant investment from companies, which have an urgent need to better protect the related intellectual property. Here are some pros and cons of its protection through the use of trade secrets.