Mere storage of goods by Amazon: uses of the trademark and ISPs’ liability.
According to a recent decision of the Court of Justice of the European Union (CJEU), the mere storage by Amazon, in the context of its online marketplace (‘AmazonMarketplace’), of goods which infringe trade mark rights does not constitute an infringement by Amazon of those trademark rights. By judgment of 2 April 2020, the CJEU (case […]
Pest Control under control: an interesting decision by the Milan Court involving the exhibition “The art of Banksy. A visual protest”
Back in January of this year, the Commercial Chamber of the Milan Court issued an interesting order in the preliminary injunction proceedings instigated by Pest Control Office Limited against 24 Ore Cultura s.r.l., the organizer of an “unauthorized” exhibition of Banksy works of art owned by private collectors – The art of Banksy. A visual […]
Selective distribution for luxury cosmetics: two recent rulings of the Court of Milan
The existence of a selective distribution network may be included among the ‘legitimate reasons’ for not exhausting trademark rights, provided that it complies with antitrust law, the trademarked product is a luxury item and there is a real harm to the image of prestige the manufacturer seeks to maintain through the adoption of a selective […]
The Likelihood of confusion: Even descriptive elements can exclude confusion for Weak Trademarks.
The legal principle that minor differences to a weak mark can have a significant impact on the likelihood of a finding of no confusion was reaffirmed with a recent decision by the First Section of the Italian Supreme Court (Order No. 28818/2017).
Registering non-traditional trademarks under the new EU provisions
On 1 October 2017, an additional set of rules concerning EU trademarks under EU Regulation 2015/2424 amending EU Regulation 207/2009, and codified under EU Regulation 2017/1001 (hereinafter EUTMR), came into effect. The former provisions required that, in order to obtain registration, a trademark had to be capable of: i) being represented graphically
No matter how rough, it is still counterfeiting!
The famous Italian luxury brand Ferragamo has recently won a case before the Court of Milan (judgement no. 7940/2017) concerning counterfeiting of its signature metallic-plate-ribbon applied at the tip of the “Vara” shoes, as shown in the image below. The Florentine maison was taken to Court by two Chinese footwear shops owners located in Milan’s […]
