13 DECEMBER 2023
European Court of Justice sets milestone in 3D trademark validity in Vespa dispute
The European Court of Justice has overturned an EUIPO ruling against Italian company Vespa, finding its conclusions to be flawed. The court’s decision provides much-needed clarity on the validity of 3D trademarks and the level of distinctiveness that is required.
Authors:
Raffaele Ranieri
31 MAY 2023
Grana Padano ruling raises fresh questions about PDO enforcement
The Court of Turin has issued a decision involving the Italian cheese Grana Padano, deeming the term ‘grana’ to be generic. This ruling directly contrasts an earlier Court of Venice decision on the same issue, indicating that there is a lack of harmonisation surrounding applications of protected designation of origins.
Authors:
Giorgio Gazzola
26 APRIL 2023
New nullity proceedings good news for trademark budgets in Italy
Italy’s IP office has launched new proceedings for determining nullity and revocation with the aim of providing a streamlined and significantly cheaper alternative to legal proceedings.
Authors:
Giorgio Gazzola
19 APRIL 2023
Italian parliament flares up over proposed UPC relocation
After a rocky start to Italy’s relationship with the UPC, the suggestion that the London division be moved to Milan has sparked strong opposition from Italian IP experts and members of parliament due to disagreements over the division’s competence.
Authors:
Antonio Pizzoli
05 APRIL 2023
Court of Venice restricts commercial use of Da Vinci artwork
Italian companies and their foreign subsidiaries are not allowed to use Leonardo Da Vinci’s Vitruvian Man for merchandise without the relevant gallery’s consent. The decision expands the possibilities of challenging the unauthorised use of images of cultural or artistic goods where copyright has expired.
Authors:
Sarah Franchina
29 MARCH 2023
Italian Supreme Court redefines ‘parody’ in 15-year ad dispute
The long-running Zorro case clarifies the boundaries of parody in relation to well-known trademarks. The court asserted that a parody must respect a fair balance between the author's freedom of expression and the rights of the original work's owner.
Authors:
Giorgio Gazzola
22 MARCH 2023
New legislation overhauls and their impact on IP litigation
While the codification of remote hearings, a triple exchange of briefs and the simplification of procedures may present new challenges, these new reforms should ultimately bring about positive changes to the justice system by streamlining and modernising procedures.
Authors:
Giorgio Gazzola
