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Mediation in Europe: the OHIM model

Carmela Rotundo Zocco, Metroconsult Milano

ECTA Bullettion – October 2015

The Office for Harmonization in the Internal Market (OHIM) offers a mediation service for inter partes proceedings during the appeal phase, thus allowing the parties to reach an amicable settlement.. The role of the mediator consists of assisting the parties in finding common grounds to settle their dispute.

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ITALY: Rome Court of Appeal Invalidates LACLINIQUE Based on Earlier CLINIQUE Trademark

Carmela Rotundo Zocco, Metroconsult Milano

INTA Bulletin - September 1, 2015

Clinique Laboratoires asked the Court of Rome to invalidate the Italian portion of the International Registration for LACLINIQUE, which was originally registered in the name of La Clinique s.c.p. and subsequently assigned to Providence Medcorp and licensed to Medinvest S.p.A. for all registered products and services.

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Databases and Patents

Author: Mirco Bianco, Metroconsult Genova

A database management system (DBMS) can be the final result of the implementation process of one or more ideas. In this one-page note, we are going to briefly analyse the different available possibilities for protecting ideas on which a DBMS or a generic software is based.

Download the article (pdf)

Court of Turin Orders Injunction Barring Use of Comparison Tables Reproducing Chanel's Trademarks

Carmela Rotundo Zocco, Metroconsult Milano

INTA Bulletin - 1 Aprile 2015

By an order dated January 16, 2015, the Court of Turin has granted an injunction against the defendants’ use of the wellknown Chanel trademarks in the course of trade in Italy.

The contested use was made by two Italian companies and an individual who inserted Chanel’s most popular perfumes’ trademarks (CHANEL, N° 5, 5, COCO, COCO MADEMOISELLE, ALLURE SENSUELLE, ALLURE SPORT CHANELLE and EGOISTE) into comparison tables with the intended purpose of informing consumers about the similarity of their fragrances with the corresponding perfumes/scents sold by the wellknown Parisian company.

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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 Zappos.com Inc. Guccio Gucci S.p.A. & Luxury Goods Italia S.p.A. v. Guess? Inc., Guess Italia SRL & Zappos.com 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. Amazon.co.uk Ltd & Amazon EU SARL, [2014] EWHC 181 (Ch) (Feb. 10, 2014).

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Partial Cancellation for Trademark Non-use in Europe

by Carmela Rotundo & Giuseppe Petti

INTA Bulletin - April 2014 

The article underlines how the national legislation in some European jurisdictions applies the principle of partial cancellation and specifically, when a trademark has been put into genuine use only in relation to some of the goods or services and is the object of a cancellation action for non-use, how the national legislation determines the boundaries of the categories of goods or services covered by the use of a part of such goods or services that falls in those categories.

[ read ]

Revised Tobacco Products Directive and Plain Packaging

by Carmela Rotundo Zocco

Notiziario dell’Ordine dei Consulenti in Proprietà Industriale - April 2014

This article explains the revised directive on tobacco products and Plain Packaging, underlining the importance of protecting the right to property.

[ read ]

The Lush Case in the United Kingdom

by Carmela Rotundo Zocco

Notiziario dell’Ordine dei Consulenti in Proprietà Industriale - April 2014

This article deals with a decision of  the High Court of Justice of England and Wales of February 2014 which 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. 

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Numbers as Trademarks in Europe: A Comparative Overview

INTA Bulletin - February  2013 

This article looks at how European countries treat the registration of a number as a trademark, describing differences and specificities.

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Notice issued by the Italian Ministry of Economic Development on 7 May 2012 on help available to SMEs concerning trademarks

We would like to inform you on a notice issued by the Italian Ministry of Economic Development on 7 May 2012 on help available to SMEs beginning 4 September 2012 for the registration of Community and International trademarks.

続きを読む...

Industrial design, lame protection

by Giuseppe Petti

Italia Oggi - June  2011
 
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Italy: An Introduction to Opposition Proceedings

by Carmela Rotundo Zocco

INTA Bullettin - September 2011

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Italy Focus – Italian Patent Laws Harmonised

by Roberto Dini

Managing IP - April 2011

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Patent Examination Due to Start

by Roberto Dini

ItaliaOggi - 10 Febbraio 2011

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A Region’s heritage Transformed into Local Marks

by Loredana Mansi

Italia Oggi - 23 Agosto 2010

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Patents Now Have Italian Priority

by Giancarlo Reposio

Italia Oggi - 23 Agosto 2010

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LEGISLATIVE DECREE No. 131 of 13 AUGUST 2010

Amendments to the Industrial Property code
With effect from: 2 September 2010

read ]


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