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ITALY Court of Appeal of Milan Finds Parasitic Behavior in Gucci v. Guess

di Carmela Rotundo Zocco, Metroconsult Milano

INTA Bulletin - 1 December 2014

In July 2014, the Court of Appeal of Milan issued a decision in relation to an appeal filed by Guccio Gucci S.p.A. and Luxury Goods Italia S.p.A. against Guess? Inc., Guess Italia SRL (together, Guess) and Inc. Guccio Gucci S.p.A. & Luxury Goods Italia S.p.A. v. Guess? Inc., Guess Italia SRL & Inc. (Court of Appeal of Milan July 10, 2014).

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ITALY Office Guidelines on Use of Class Headings After IP TRANSLATOR Decision

di Carmela Rotundo Zocco, Metroconsult Milano

INTA Bulletin - 16 November 2014

On April 16, 2014, the Italian Patent and Trademark Office issued a communication on the interpretation of the class headings of the Nice Classification and the way products and services should be described in Italian trademark applications. This is further to the decision of the Court of Justice of the European Union (CJEU) in the IP TRANSLATOR case (Case C-307/10 (CJEU June 19, 2012)) and the analysis of the same made by OHIM and the national trademark offices of the EU countries.

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ITALY: Preliminary Injunction Denied to Bulgari Against Richemont

by Carmela Rotundo Zocco

INTA Bulletin - October  2014 

On April 10, 2014, the Rome District Court confirmed the dismissal of a request for preliminary injunction filed by Bulgari against Richemont International Ltd, Richemont DNS Inc. and Richmont Italia SpA based on unregistered trademarks, unfair competition and copyright infringement.

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UNITED KINGDOM Website Keywords Can Constitute Trademark Infringement

by Carmela Rotundo Zocco

INTA Bulletin - May  2014 

In February 2014, the High Court of Justice of England and Wales held that Amazon’s use of “Lush” as a keyword in its website search function constituted infringement of the trademark LUSH. In addition, the court held that certain use of the “Lush” keyword in the Google search engine also constituted infringement. Cosmetic Warriors Ltd. & Lush Ltd v. Ltd & Amazon EU SARL, [2014] EWHC 181 (Ch) (Feb. 10, 2014).

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