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The protection of 3D trademarks corresponding to the shape of the product
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.
The Authority admonishes the famous video-sharing platform TikTok
The Authority, in an emergency measure adopted on 7 July, warned the famous Chinese video-sharing platform TikTok that it is illegal to use personal data stored without the data subject's explicit consent.
Copyright protection of design works and the Italian requirement of “artistic value” after Cofemel
(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.
EUIPO on the distinctiveness of Absolut Company Aktiebolag's vodka bottles
Euipo expressed on the distinctiveness of a vodka bottle, focusing on color combinations.
Trademark revocation for non-use: Apple will have to “Think Different”
The General Court of the European Union confirmed the revocation of Apple's iconic “Think Different”
The donation of works of art does not include the transfer of the copyright assigned to them. The Court of Cagliari rules on Maria Lai’s works
The Court ruled in a copyright dispute between Mrs. Maria Sofia Pisu, granddaughter of the late artist Maria Lai, and the foundation established by Maria Lai herself.
The Venice Court of Appeal protects Stroili Oro Jewellery against counterfeiting and acts of unfair competition
The Court upheld the claims of the well-known jewellery manufacturing company Stroili Oro against counterfeiting acts, parasitic competition and slavish imitation of two competitors.
Chanel looses against Huawei: the relevant trademarks are not similar
The Court dismissed the opposition to the registration of the below Huawei’s EU figurative trademark in class 9, filed by the well-known fashion house Chanel
EUIPO erroneously declared invalid Lego’s EU design of a brick
The Court concluded that EUIPO had not ascertained that all of the features of appearance of the contested design were solely dictated by the technical function of the relevant product.
According to the EU General Court the slogan “It’s Like Milk, But Made for Humans” has a distinctive character and can be registered as a trademark
The Court stated that the slogan “It’s Like Milk, But Made for Humans” has the minimum degree of distinctive character required for it to be registered as a trademark.
The IP Court of Rome rules on the protection of non-creative photographs
The Court ascertained that the author of a so-called “simple photograph” has the right to compensation for damages deriving from its unauthorised publication by another party.
Framing may constitute a communication to the public and shall be authorised by the right holder, says the CJEU
The ECJ returns to the subject of the framing of works protected by copyright
The Nexthing trademark does not infringe the Next trademark, says the IP Court of Rome
The Court ruled in favour of the petitioner Nexthing Ltd which had requested an urgent declaration of non-infringement, by its homonymous word and figurative trademarks, of the NEXT (word and figurative) trademarks belonging to the defendant Next Holding SpA
EU General Court confirms that “WINDSOR – CASTLE” can be registered as a trademark
The Court endorsed the applicant’s arguments and stated that the words “WINDSOR – CASTLE” did not describe the products claimed in the application or their characteristics.
The Italian Competition Authority fines GoFundMe for the hidden costs in donations
The ICA fined the GoFundMe Ireland Ltd for unfair commercial practices against consumers, concerning the management of some online fundraising campaigns.
The protection granted by a PDO may extend to the shape of a product, says the CJEU
The CJEU ruled on the interpretation of Art. 13(1) of the EU Regulation no. 1151/2012 on quality schemes for agricultural products and foodstuffs, regarding the infringement of a PDO
The Italian Competition Authority fines HP 10 million Euros for misleading and aggressive commercial practices
HP was fined for misleading and aggressive commercial practices against consumers, in relation to the sale of some printer models in Italy
Undeclared payment fees: the Parclick case
The ICA closed the investigation against the Spanish company Parclick S.L. for the infringement of the Italian Consumer Code and accepted the commitments proposed by the latter