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 defendant’s deadlines for the submission of its preliminary objection and statement of claim shall be calculated from the date when the annexes to the statement of claim were made available to the defendants, and not from the earlier date in which the statement of claim – without those annexes – was served on the defendants.

The applicant stated that he was interested to see how the claim division was framed, particularly since it was filed in parallel with cases in other divisions, and that he believes there is broader public interest in this information being made available for public scrutiny and discussion.

The LD ordered that the language of the proceedings (Dutch) be changed to English, i.e. the language of the patent, to avoid considerable translation time and costs for the defendant.

In its recent order no. 16314/2023, the Italian Supreme Court ruled on the pre-disclosure proof requirements in patent law, stating that the choice between the various findings in support of the decision is ultimately the choice of the judge of the merits

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 Court of Turin ruled on an action related to an alleged evocation and/or unlawful direct or indirect use of the Grana Padano PDO (Protected Designation of Origin) and the Riserva category

The IP Section of the Court of Milan ruled on the age-old issue of the assessment of the descriptive character of a trademark and in particular the coincidence of the trade mark with a characteristic of the product.

The Italian Competition Authority closed, without issuing any sanctions in acceptance of the commitments of Idealista S.p.A, the procedure in which it had contested unfair commercial practices relating to alleged misleading advertising where the company called itself "No. 1 in Italy".

The EU General Court (Case T-553/21) has ruled on the issue of trademark revocation and clarified what elements a trademark owner must provide to prove genuine use.

In its recent Order No. 348 of 20 October 2022, the Italian Data Protection Authority ruled on the data collection and processing policies for marketing and profiling purposes of Douglas Italia S.p.a., the renowned perfume and cosmetics chain.

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".

In a decision dated 18 October 2022, the Italian Competition Authority (ICA) fined the Company Mediamarket, which owns and controls the Mediaworld brand, 3.6 million euros for unfair commercial practices characterised by misleading and aggressive behaviour towards consumers.

The European General Court, while reiterating that colour marks can only be registered exceptionally, emphasises that the key point must be the assessment of the distinctive character determined in relation to the goods/services claimed and the consumers concerned

The Board of Appeal of the EUIPO ruled on an interesting case concerning the pre-disclosure of EU designs.

Although iconic, for the EUIPO the shape of Dior's “Saddle Bag” does not deviate sufficiently from the industry standard to have original distinctiveness

The Authority for the first time addressed the practice of serial cease-and-desist letters in the matter of online IP infringements, drawing an ideal line.

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.

Last August 1st, with sentence No. 30289, the Supreme Court Criminal Section ruled on the possibility of granting copyright protection to jewellery items.

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.