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ItalianoONE WAY OR ANOTHER
Multiple avenues are available to rights holders to protect their brands online This article first appeared in World Trademark Review […]
A NEW ‘TIME TO MARKET’ APPROACH
The fast-fashion model allows products to be launched on the market in less than one month. Italy’s design protection system […]
OHIM HELD TO HAVE ERRED IN FINDING THAT CLASS 5 GOODS HAD SAME PURPOSE
This article first appeared on WTR Daily, part of World Trademark Review, in (November/2014) In Novartis AG v Office for Harmonisation in the Internal Market (OHIM) (Case T-444/12, October 16 2014), the General Court (Fifth Chamber) has ruled on the likelihood of confusion between two marks by considering active […]
CONCEPT OF ‘FAMILY OF MARKS’ MAY BE USED AS LEGAL TOOL TO EXTEND PROTECTION OF MARKS
This article first appeared on WTR Daily, part of World Trademark Review, in (November/2014). For further information, please go to […]
BALANCING THE RIGHTS OF INVENTORS V THIRD PARTIES
This article first appeared in Intellectual Property Focus Europe 2014 published by Managing Intellectual Property Patent law is territorial in […]
SUSTAINABLE ALTERNATIVES TO CIVIL PROTECTION
Italy has two legislative tools which can serve as a useful alternative to civil protection in certain cases: criminal prosecution […]
ECJ: VERBAL ELEMENT OF COMPLEX MARK WILL NOT NECESSARILY BE DOMINANT
This article first appeared on WTR Daily, part of World Trademark Review, in (September/2014). For further information, please go to www.worldtrademarkreview.com […]
THE EUROPEAN RESPONSE TO ‘USE IT OR LOSE IT’?
GENERAL COURT FINDS MINIMUM STANDARDS FOR GENUINE USE OF A TRADEMARK: Published article on LANDSLIDE – A publication of the […]
UNREGISTERED TRADEMARKS SHOULD BE EXPLICITLY MENTIONED IN ASSIGNMENT AGREEMENTS
This article first appeared on WTR Daily, part of World Trademark Review, in (June/2014). For further information, please go to […]
ASSESSING SCOPES OF PROTECTION
Opposition proceedings in Italy are limited in order to exclude protection of extremely well-known trademarks beyond the concept of likelihood […]
ECJ: GENERAL COURT INFRINGED PRINCIPLE THAT PARTIES SHOULD BE HEARD
This article first appeared on WTR Daily, part of World Trademark Review, in (April/2014). For further information, please go to […]
WHEN COMMERCIAL SPEECH BECOMES UNLAWFUL
Considering the differences in the various phases of assessing comparative advertising can provide advertisers with a useful tool to ensure […]
THE MORE LENIENT APPROACH OF THE GENERAL COURT ON GENUINE USE REQUIREMENT UNDER ART 15(1)
This Article appeared on ABA – American Bar Association, in April 2014. For Further information please go to http://www.americanbar.org/aba.html In […]
ONE SWALLOW DOESN’T MAKE A SUMMER
A UIBM Opposition Division decision advocates greater caution in protecting direct consumers of pharmaceutical products. However, future rulings may well […]
THE ITALIAN SUPREME COURT RULES ON THE USE OF FERRARI’S TRADEMARKS BY UNOFFICIAL OWNERS’ CLUB
Published article in WTR Daily (12 December 2013) With decision n. 26498/2013, issued on November 27, 2013, the Italian Supreme […]
THE ITALIAN PERSPECTIVE ON FLUIDITY
Creating new images and periodically modifying marks is arguably the best way to focus consumer attention This article first appeared […]
THE PROTECTION OF FASHION THROUGH DESIGN LAW
Analysis of recent cases illustrate the effectiveness of the Italian system in the protection of designs, both registered and unregistered […]
A SUCCESSFUL BEGINNING FOR ITALY’S NEW OPPOSITION SYSTEM
Donatella Prandin and Simone Verducci Galletti of Bugnion look back on two years of a new opposition system, and identify […]
KEEPING WITH TRADITION
Non-traditional marks are afforded protection in Italy, but there are challenges to registration This article first appeared in World Trademark […]
SUPREME COURT RULES IN FAVOUR OF CZECH BREWERY IN BUDWEISER DISPUTE
Published article in WTR Daily (25 October 2013) In Budweiser Budvar v Anheuser-Busch LLC, the Supreme Court has put an […]
ATTENTION TO DETAIL
This article first appeared in World Trademark Review magazine issue 43, published by The IP Media Group. To view the […]
SECOND ANNIVERSARY OF THE TRADEMARK OPPOSITION SYSTEM
A QUICK VIEW ON THE TRENDS Two years ago, in May 2011, the Italian Patent and Trademark Office (IPTO) launched […]
ITALIAN IS NOT AMONG THE SECOND LANGUAGES GENERALLY KNOWN BY THE EUROPEAN PUBLIC
In Phonebook of the World v Office for Harmonisation in the Internal Market (OHIM) (Case T-589/1 1, November 20 2012), […]
HOW BEST TO PROTECT CONSUMERS
The system of IP protection in Italy is rigorous and effective – but rights holders need to adopt the correct […]
ECJ: MARKS CONTAINING COMMON WORD ‘SEVEN’ HAVE CERTAIN DEGREE OF SIMILARITY
This article first appeared on WTR Daily, part of World Trademark Review, in March 2013. For further information, please go […]
FILLING THE GAP
The Italian Patent and Trademark Office is making great strides in its aim to make its offerings more efficient This […]
GUCCI LOSES MATCH AGAINST GUESS
This article first appeared on WTR Daily, part of World Trademark Review, in May 2013. For further information, please go […]
TAKING INFRINGEMENT ACTION IN ITALY
Trademark, patent and legal specialists at Bugnion run through the process for taking infringement action in Italy Published on THE PATENT LAWYER MAGAZINE […]
FROM THE FOOTBALL STADIUM TO THE OPERA HOUSE
Image rights in Italy have been afforded different levels of protection in different industries Published article on WTR (October/November 2012) […]
A QUESTION OF CIRCUMSTANCES
Not all Italian courts take the same approach towards the lookalike phenomenon or trade dress in general Published article on […]