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ItalianoX, the mark formerly known as TWITTER: the risks and opportunities of rebranding
Only a few months after taking over Twitter, its new boss, Elon Musk, has decided to make a momentous shift […]
From cars to beer: the Tesla brand copied by a Chinese manufacturer
From “electric” to “alcoholic” is a short step. At least many people in faraway China must have thought so, when […]
Apple patents the new “flexible” iPhone: will this be the smartphone of the future?
The new iPhone? It will not be “foldable” but… Flexible. This is the latest technological frontier that Apple is supposedly […]
Brothers in arms. The EUIPO defends its Board of Appeals’ jurisdiction (and its own) and the CJEU allows an(other) appeal to proceed.
The article was first published on the Kluwer Trademark Blog To which extent can the General Court review decisions by […]
Is the CJEU back in the game? After some years of somnolence, the CJEU takes another case on trademarks
The article was first published on the Kluwer Trademark Blog Since the introduction on 2019 of the filtering mechanism according […]
Barbie boycotts Burberry: Mattel opposes fashion brand BRBY
Fashion is fashion, whether we are talking about the ‘human’ world or the world of dolls, and takes no prisoners. […]
“Quandoque bonus dormitat Homerus” [even Homer nods]. So why shouldn’t the GC?
The article was first published on the Kluwer Trademark Blog It is understandable why (most) trademarks owners do not like […]
Victory for Ferrero in Tic Tac shape mark case ITALY Legal
This article first appeared in World Trademark Review Daily The Italian Court of Cassation has issued an intriguing ruling on […]
Artificial Intelligence and copyright: the European Parliament’s new legislation
Artificial Intelligence (AI) often makes the front pages of newspapers, sometimes with social or political news, such as the blocking […]
Australian football challenges Warner Bros. for ‘Tasmanian Devil’ trademark
The context: the AFL Championship and Cinderella Tasmania The AFL (Australian Football League) is the only fully professional competition in […]
Ferrari launches the new Patent: a car that teaches drivers how to drive
The 2023 Formula One season may be off to a slow start, with standings that do not smile on the […]
Artificial Intelligence and copyright: how to handle works created by a robot?
The technological revolution leading the current historical period has ushered in a new era, that of Artificial Intelligence. Studies on […]
From “synthetic meat” to mammoth meatball: the Jurassic Park-style patent is served
While Italy divides itself debating the ethics of so-called synthetic meat, with Agriculture Minister Francesco Lollobrigida‘s clear “NO” to its […]
Consumer perception of trademarks on fast-moving consumer goods: weight of visual impression overcomes high degree of phonetic similarity
This article first appeared in World Trademark Review Daily In Fidia Farmaceutici SpA v European Union Intellectual Property Office (EUIPO) […]
Bolgheri wins the Trademark battle against Bolgaré
The Court of the European Union recognizes all the reasons of the Bolgheri Consortium in the case againstthe Bulgarian trademark […]
“Legally unnecessary and detrimental to the economy of the proceedings”. A chance to change EUIPO’s practice on conversion?
A recent decision of the EUIPO’s Fourth Board of Appeal (BOA) dealing with conversion deserves a closer look at this instrument, and at the practice of the EUIPO relating to conversion (decision of September 26, 2022, Case R 1241/2020-4).
New administrative procedure for invalidation and revocation of trademarks: key points and implications
This article first appeared in World Trademark Review Daily With Ministerial Decree No 180/2022, which entered into force on 29 […]
General Court confirms lack of likelihood of confusion between marks representing a head
This article first appeared on WTR Daily, part of World Trademark Review, in (November 2022). For further information, please go […]
The New Admininstrative Revocation and Invaliditiy actions in Italy: main features
Introduction: With Ministerial Decree no. 180/2022 (published in the Official Gazette on 29.11.2022), the Italian Government has completed the regulation […]
Italy: Radical amendments to the trademark system
This article first appeared in World Intellectual Property Review, published by Newton Media Ltd. Italians can look forward to a […]
Dangers unknown? A trademark may cause liabilities greater than you think.
The article was first published on the Kluwer Trademark Blog So you finally got your trademark registration and now you […]
Wake up and do something! Acquiescence explained.
he EU trademark law system does not have, unlike the US, a legal concept of “incontestability”. Instead, it has “acquiescence”, a defence against invalidity or infringement actions which can be raised against the owner of an earlier mark who has acquiesced, for a period of five successive years, in the use of a later registered trademark (applied in good faith) while being aware of such use and indeed the registration of the later mark.
AC Milan’s trademark defeat: a misfire over meaning
The article was first published on World Intellectual Property Review Most of the IP world knows what happened in case […]
Reimbursement of the legal costs for the enforcement of IP rights in the EU: “THE WINNER TAKES IT (ALMOST) ALL”
The article was first published on the Kluwer Trademark Blog When a IP court awards the winning party the reimbursement […]
With trademark conflicts on the rise, General Court takes more lenient approach to use requirement
In Worldwide Machinery Ltd v European Union Intellectual Property Office (EUIPO) (Case T‑316/21), the General Court has confirmed that trademark holders have a variety of flexible means at their disposal to show sufficient, genuine use, including circumstances subsequent or prior to the relevant timeframe.
Italy: Future changes to patent laws
On April 6, 2022, the Italian government presented a design of law (DDL) for changing the Italian Patent Code (CPI) which, once definitively approved by the Italian parliament, could change some aspects of the Italian patent attorney’s profession, aligning for some further aspects the Italian Patent Code with the European Patent Convention.
Copyright and Author’s rights: the jig is up for leading digital platforms
With the Legislative Decree no. 177/2021, Italy has finally implemented the principles provided for by the EU Directive no. 790/2019 […]
PDO “BOLGHERI” vs EUTM “BOLGARE’”: EUIPO’s lesson
Last March 21, 2022 the Second Board of Appeal of EUIPO finally ruled the victory of our client Bolgheri Consortium […]
Gone With The Wind? The GC just cannot let the UK go.
The article was first published on the Kluwer Trademark Blog The UK finally said bye-bye to the EU, but for […]
Italy: what you need to know about the IP upgrade
The Italian Industrial Property Code was issued in 2005 and deals with all IP rights, except for copyright. Five years later, in 2010, the IPC was subject to a substantive upgrade and was provided with an Implementing Regulation.