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ItalianoAll 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 […]
EU offers increasingly interesting market for pharmaceutical trademarks
This article first appeared in World Trademark Review magazine issue 80, published by The IP Media Group. To view the issue […]
Italy jurisdiction report: Trade secrets meet reverse engineering
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. In May 2018 Italy implemented, through […]
Free speech and trademarks. Could it happen here?
The article was first published on the Kluwer Trademark Blog Some (among whom, the truly yours) wondered, when in late […]
A closer look at trade dress in the European Union
This article first appeared in World Trademark Review magazine issue 79, published by The IP Media Group. To view the issue […]
Disclaimers, a thing of the past
The article was first published on the Kluwer Trademark Blog While the new EUTMR 2017/1001 deleted any reference to disclaimers […]
Italy: all colours are the same, but some are more colored than others… and acquired distinctiveness, per se, does not equal reputation/renown.
The article was first published on the Kluwer Trademark Blog In a recent case decided by the Court of Venice […]
Italy jurisdiction report: Changes to the Italian IP Code
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. On March 08, 2019, the Legislative […]