trademark

Messi is entitled to register his trademark: The CJEU upholds the General Court decision

On 17 September 2020, the Court of Justice of the European Union (CJEU) dismissed the appeals brought by the EUIPO and the holder of the MASSI trademark against the General Court decision confirming the validity of MESSI’s trademark registration (shown below) for sports equipment and clothing (see judgement in […]

By |16 10 2020|Uncategorized|0 Comments|

According to the EUIPO, Banksy’s “Flower Thrower” trademark is invalid since it was registered in bad faith

A very recent decision of the EUIPO Cancellation Division (no. 33 843 C) ascertained the invalidity of trademark no. 12575155,  registered by the company Pest Control Office Ltd. (the company acting on behalf of the well-known street artist Banksy), because it had been filed in bad faith pursuant to […]

By |30 09 2020|Uncategorized|0 Comments|

The Italian Supreme Court reaffirms that Elio Fiorucci cannot use his surname as a trademark

With the decision no. 10298/2020, the Italian Supreme Court reaffirmed that the use of the surname “Fiorucci” as a trademark by Mr. Elio Fiorucci is unlawful, recalling the principle already stated in the decision no. 10826/2016 issued in the parallel proceeding between Mr. Fiorucci and Edwin Company Ltd (that […]

By |28 09 2020|Uncategorized|0 Comments|

EUIPO dismiss Amazon’s application for the registration of its motion mark

With a decision dated April 28, the EUIPO’s Second Board of Appeal rejected Amazon Technologies Inc.’s application for the registration of the motion logo represented below, due to its lack of distinctive character under Article 7(1)(b) of Regulation no. 1001/2017 on EU trademarks.

As shown in the image above, the […]

By |21 07 2020|Uncategorized|0 Comments|

The Italian Supreme Court protects the well-known trademark «Grazia»

By Laura Spagnoli and Elena Martini
By order no. 4721/2020, the Italian Supreme Court recently ruled in favour of the well-known publishing house Arnoldo Mondadori Editore S.p.a., owner of the trademark «Grazia», ascertaining that its trademark was counterfeited by the sign «grazia.net». The three instances of the case are briefly […]

By |30 03 2020|Uncategorized|0 Comments|

A title can be libelous, according to the Italian Court of Cassation

by Gaia Gusmini and Luigi Manna

The Italian Court of Cassation recently overturned a Court of Rome’s
decision issued in a libel lawsuit between Ente Autonomo per le Fiere di Verona
(“Ente”) and Gruppo Editoriale l’Espresso S.p.A. (“l’Espresso”), a publishing
company owning, among else, the weekly magazine “L’Espresso”.

The plaintiff, organiser of the well-known […]

By |05 08 2019|Uncategorized|0 Comments|

Trademark revocation: the EU General Court on proving the genuine use of trademark signs

A recent decision of the EU General Court (T-910/16 and T-911/16), for which an appeal is presently
pending before the EUCJ, ruled on the matter of trademark revocation and specified
the elements that a trademark owner must provide in order to prove its genuine use.

In the dispute discussed, Mr Hesse had […]

By |27 06 2019|Uncategorized|0 Comments|

The Milan IP Court on trademark protection and the exhaustion of trademark rights

By order of 6 May 2019, the Milan IP Court ruled in favour of the owner
of a well-known textile brand against a retailer who marketed its products in
substantially undervaluing ways, and which was therefore enjoined from this
activity.

Specifically, the Court found that, even if the products had been
original, the marketing […]

By |04 06 2019|Uncategorized|0 Comments|

The Court of Bari grants protection to the “Supreme” trademark

by Laura Spagnoli and Elena Martini

With an order issued on 26 February 2019, in the proceeding with docket number 16185/2018, the Court of Bari ruled on the infringement of the well-known Supreme trademark by the Supreme Gold trademark.

By granting the action brought by the company Chapter
4 Corp. D.B.A. Supreme, […]

By |28 03 2019|Uncategorized|0 Comments|

The EU General Court defends a three-dimensional trademark for bottles

(by Laura Spagnoli and Rocco Lanzavecchia)

By judgment of 3 October 2018 (T-313/17), the EU Court ruled on an interesting case concerning the distinctiveness of a three-dimensional trademark depicting the shape of a peculiar bottle.
These are the facts underlying the case. The german company Wajos GmbH filed an application for […]

By |23 11 2018|Uncategorized|0 Comments|