In the past few weeks, almost contemporaneously, two courts cases dealt with the scope of protection of the PDO “Aceto Balsamico Tradizionale di Modena” and the PGI “Aceto Balsamico di Modena”. Both…
As we all know, the EUTM Regulation 2017/1001 now requires the applicant to indicate the goods and services for which the protection of the trademark is sought with sufficient clarity and precision…
The EU legislation does not provide for a definition of the concept of bad faith, but the EU case law in course of years has developed a number of criteria which offer guidance in assessing when a…
The concept of genuine use of a trademark should be the same for all sorts of products/services, but for pharmaceuticals this is not always the case.
Given the particular regulatory regime which…
Some (among whom, the truly yours) wondered, when in late June the US Supreme Court held unconstitutional the Lanham Act provision (15 U. S. C. §1052(a)) prohibiting registration of trademarks…
While the new EUTMR 2017/1001 deleted any reference to disclaimers - previously provided by Article 37(2) of EUTMR No. 207/2009 - both the EU Directive 2008/95 and the Recast Directive 2015/2436…
In a recent case decided by the Court of Venice (decision n. 2355/2018), MHCS, the producer, inter alia, of the famous Veuve Clicquot champagne, prevailed against a prosecco producer who used orange…
With decision n. 482 of 2019 the Italian Court of Torino decided on whether the beauty and the history of a car may be reasons to deserve copyright protection. The case regards the company Tecnomodel…
The EUTMR No. 2015/2424, as well as the Directive No. 2015/2436, have introduced various changes to EU and national trademark laws but both failed to provide transitory rules determining what is the…
