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ItalianoGreen is the new black. But in 2003 that was not the case, says the CJEU
The article was first published on the Kluwer Trademark Blog There are still many IP professionals who are nostalgic of […]
Colour trademarks: being unusual isn’t enough. Glaxo’s Purple
The article was first published on the Kluwer Trademark Blog We know that save in “exceptional” cases, colours do […]
EUIPO: A brand’s life in the hands of an Influencer
This Article first appeared in ABA (American Bar Association) International IP Legal Updates, on August 2020. For further information: http://www.americanbar.org/aba.html […]
Is the CJEU finally reconsidering LOC for weak marks? PRIMA v. PRIMART
The article was first published on the Kluwer Trademark Blog How many times in the course of a trademark clearance […]
Challenging times: anti-counterfeiting in the age of covid-19
This article first appeared in World Trademark Review magazine issue 84, published by The IP Media Group. To view the […]
The mystery and mastery of double patenting
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. Double patenting is a mysterious issue. […]
Italy jurisdiction report: A penalty kick for famous names
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. The Italian Industrial Property Code confers […]
All animals are equal, but some animals are more equal than others. Time to rethink the EUTM “unitary character”.
The article was first published on the Kluwer Trademark Blog Should a registered EU trademark which consists of a descriptive […]
ITALY: New Legislation on Ambush Marketing
On March 13, 2020, the Legislative Decree (the Decree) no. 16 of March 11, 2020, containing “Urgent provisions for the […]
Italy jurisdiction report: Historical trademarks of national interest
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. A new category of trademarks—historical trademarks […]
There are more things …than are dreamt of in your philosophy: Damages for infringing a revoked and unused trademark? Yes says the CJEU…
The article was first published on the Kluwer Trademark Blog If a mark is revoked after never being used, may […]
COPYRIGHT DIRECTIVE: who is going to win, the hare or the tortoise?
2020 has already shown telltale signs it will be an extremely eventful, interesting year in terms of new regulations to […]
WHEN ARTIFICIAL INTELLIGENCE IS THE INVENTOR OR CREATOR: WHO CLAIMS THE RIGHTS?
Artificial Intelligence (AI) has been paving the way to unprecedented scenarios, thus leading the world of intellectual property into framing […]
Sky v SkyKick: was the CJEU swayed by Sky’s well-known brand?
This article first appeared in World Trademark Review magazine issue 83, published by The IP Media Group. To view the issue […]
An increasing value for freedom of expression in trademark law?
The article was first published on the Kluwer Trademark Blog As has already been reported on this blog (see here), the […]
Now we know it for a fact: amphoras are not usually made of glass.
The article was first published on the Kluwer Trademark Blog With decision C-783/18 P of 12 December 2019, the CJEU […]
EU regulations smooth the way for FMCG labelling rules
This article first appeared in World Trademark Review magazine issue 82. To view the issue in full, please go to http://www.worldtrademarkreview.com The […]
Der Grüne Punkt: CJEU says yes to genuine use of the collective “recycling packaging” trademark
The article was first published on the Kluwer Trademark Blog The CJEU quite often agrees with its General Court, so […]
Evocation of geographical terms of a PDO/PGI. What elements should be taken into consideration?
The article was first published on the Kluwer Trademark Blog In the past few weeks, almost contemporaneously, two courts cases […]
Italy jurisdiction report: A pair of interesting decisions
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. The Italian Court of Cassation has […]
A Paler Shade of Orange: A Distinction Without a Difference?
The article was first published on E.I.P.R., Issue 1 © 2019 Thomson Reuters and Contributors Colour trade marks are among […]
EU introduces new SPC manufacturing waiver
This article first appeared in Intellectual Property Focus Europe 2019 published by Managing Intellectual Property What is a supplementary protection […]
Clarity and precision: who decides what they mean?
The article was first published on the Kluwer Trademark Blog As we all know, the EUTM Regulation 2017/1001 now requires […]
ECJ case law displays nuanced understanding of comparative advertising
This article first appeared in World Trademark Review magazine issue 81, published by The IP Media Group. To view the issue […]
Patents – When artificial intelligence authors the invention
Author: Francesco Ricotta The first applications for invention patents designating artificial intelligence as the inventor have been recently filed with […]
The power of a hashtag
Kim Kardashian and her KIMONO-branded lingerie collection: the social media population “rises” up against their icon. Last 25th June 2019, […]
Bad faith may be found also for different goods or services, says the Court of Justice
The article was first published on the Kluwer Trademark Blog The EU legislation does not provide for a definition of […]
Lost in translation? Board of Appeal should have considered Italian and Spanish-speaking public
This article first appeared on WTR Daily, part of World Trademark Review, in (October/2019). For further information, please go to […]
Italy jurisdiction report: Selective distribution case turns heads
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. In a decision issued on July […]
Clinical trials may constitute use, but when they do not, then there is no justification for non-use, says the CJEU
The article was first published on the Kluwer Trademark Blog The concept of genuine use of a trademark should be […]