Fabio Angelini

With decision C-425/16 of October 19, 2017, the European Union Court of Justice (“CJEU”) pronounced on whether or not EU national courts can dismiss an infringement action without first ruling on a…

On September 21, 2017, the European Court of Justice (CJEU) issued another important decision on designs (joined cases C-361/15 and C-405/15). Among several other issues, possibly the most relevant…

The CJEU ruled again on jurisdiction (after Hummel Holding, C-617/15) in BMW AG v Acacia Srl (C-433/16), focusing in particular on the relationship between Reg. 44/2001 (“Brussels Regulation”) and…

In the recent decision W.F. Gözze Frottierweberei Gmbh, Wolfgang Gözze GmbH v Verein Bremer Baumwollbörse, case C-689/15, the European Court of Justice (ECJ) analyzes an issue which the EUTMR rules…

With decision C-617/15, (Hummel Holdings A/S v Nike Inc., Nike Retail BV) the Court of Justice (CJ) has defined the concept of “establishment” under article 97 of EUTMR (now art. 125 Regulation 2017…

The case of CWS-Lackfabrik Conrad W. Schmidt GmbH & Co. KG v Policolor, looks at traditional issues as likelihood of confusion, but also at the thorny issue of whether earlier rights need to be valid…

Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law?  Apparently it can, at least according to the Court of Turin, which…

  After some 10 years, the Lambretta saga has finally come to an end, but it might not really matter that much… anymore. LAMBRETTA is a famous vintage brand for scooters, which has been acquired by…

We all know that acquiescence is an absolute defense against infringement which occurs when a proprietor of an earlier mark has acquiesced, for a period of five successive years, to the use of a…