Protection of Unregistered Trademarks – Seizure of Infringing Packaging Material Under art. 129 of t

The petitioner, Riseria Monferrato S.p.A., had been using its unregistered design mark comprising the representation of an Indian woman seated on a carpet while preparing bread on a background of columns of blue colour on a further background of red colour.
This design mark was being used in a substantially identical form by a competitor, Riseria Roncaglia S.r.l., and such use was pursued notwithstanding warning letters dating back to 2005.

Following a petition by Riseria Monferrato S.p.A., judge Bonaretti ordered seizure of the goods marketed in packaging comprising the infringing design mark as well as packaging material located at the warehouse of Riseria Roncaglia S.r.l. and of any other third party trading in such goods. Seizure was extended to documental evidence reflecting the manufacture of the goods and the packaging material.

Following the seizure order, an action for infringement was to be started by the petitioner. The litigation on the merits is still going on.

Tribunal of Milan Seizure Order of 4 December 2006 in re Riseria Monferrato S.p.A. vs. Riseria Roncaglia S.r.l.