Region: Italy

'.it' registry launches IDNs and extends eligibility zone

The Italian registry, Registro.it, has announced two forthcoming changes to the registration rules as of July 11 2012 - namely, the extension of the eligibility zone for ‘.it’ domain names to six new European countries, and the introduction of IDNs. It appears that there will not be a sunrise period for trademark holders to protect their marks; brand owners are thus advised to secure the Italian IDNs corresponding to their brands as soon as possible.

09 July 2012

Famous bed design protected by copyright

In a case involving a large quantity of low-cost imitations manufactured by one of Italy's biggest chains of furniture stores, the Specialised IP Division of the Court of Milan has granted protection to Flou's well-known Nathalie bed. The decision is important in that it demonstrates that the Italian courts are no longer prejudiced against the possibility of protecting industrial designs with copyright.

29 June 2012

‘Swiss Emmentaler’ protected as denomination of origin, despite lack of EU protection

The Specialised IP Division of the Court of Milan has issued a landmark decision concerning the protection in Italy of the Swiss PDO ‘Emmentaler’/’Emmental Svizzero’ (‘Swiss Emmentaler’). The court found that the denomination should be protected in Italy - even though it is not protected at the EU level - on the basis of the 1951 Stresa Convention.

23 April 2012

Use of sign as trademark and trade name held to infringe famous marks

The Specialised IP Division Court of Naples has held that use of the trademark EQUI CHAMPION (with a horseshoe represented as a reversed ‘C’ and the picture of a sulky inside) for equestrian sports goods infringed the famous trademarks of Champion Products Europe Ltd (ie, the CHAMPION mark and stylised ‘C’ logo). The court also held that the infringers’ use of EQUI CHAMPION in their trade names was unlawful.

25 October 2011

Opposition procedure implemented at last

By a decree dated May 11 2011, the Italian legislator has introduced a new administrative trademark opposition procedure. Oppositions against Italian trademark applications may be filed within three months of the publication of the application in the <i>Official Bulletin</i> of the Patent and Trademark Office. The new procedure is effective as of July 1 2011.

12 July 2011

Will the Italian government stump up cash for oppositions?

Just how much the Italian government wants a modern, functioning trademark system will soon be clear. Its IP office is in the process of implementing some major changes, including the introduction of an oppositions procedure, but may require additional budget from government for it to work properly.

15 April 2011

Court confirms important principle on revocation of marks with a reputation

The Court of Milan has confirmed an important principle concerning the possible revocation of trademarks with a reputation for lack of genuine use. The court, considering that the trademark DAMIANI had a reputation for jewellery, found that revocation for lack of genuine use did not apply in connection with a sector, such as clothing, that might be considered as a "natural development" of the trademark owner's business.

01 March 2011

adidas’ three-stripe mark infringed by use of four stripes

The Specialised IP Division of the Court of Bari has found that adidas’ well-known three-stripe mark was infringed by the use of four stripes on similar products. The court emphasised that the mark, due to its widespread diffusion and reputation, benefited from a wider scope of protection. The decision confirms the trend whereby the Italian courts have protected well-known marks against parasitic exploitation.

28 January 2011

SC opinion on use of 'Made in' signs seems to go against recent legislation

The Supreme Court has given its opinion on the use of signs such as 'Made in' and 'Made in Italy', thereby providing guidance on the obligations applying to goods manufactured abroad. The decision appears to be inconsistent with the recent laws and regulations adopted by the Italian legislature, but seems to better understand the needs of the market.

07 December 2010

Interim rules on copyright protection for designs now in line with EU law

Legislative Decree 131/2010, which came into force on September 2 2010, has brought Article 239 of the Italian Code of Industrial Property into line with the Community Design Directive. The new Article 239 recognises that industrial designs created before 2001 (when copyright protection for industrial designs was introduced) benefit from full copyright protection.

19 October 2010

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