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Sena & Partners

Two new legislative Decrees with regard to trademarks and patents

Mar 11, 2019 | Distinctive Signs, News, Patents

On 8 March 2019 the legislative Decree  of 20 February 2019 was published in the Official Gazzette n. 57, containing the “Implementation of the (EU) Directive 2015/2436  of the European Parliament and of the Council of 16 December 2015, to approximate the laws of the...

Can the taste of a food product be eligible for copyright protection?

Dec 21, 2018 | Copyright, Distinctive Signs, News

On November 13, 2018, the European Court of Justice issued its judgement in a case involving a spreadable cream cheese, ruling that it is not eligible for protection under copyright. The Court said the taste of a food product cannot be classified as a...

Is it possible to protect a bag as a shape trademark? The Supreme Court returns to Ferragamo’s three-dimensional trademark.

Nov 23, 2018 | Distinctive Signs, News

With decision n. 26001 dated 17 October 2018, the Supreme Court again ruled on the validity of Ferragamo’s ‘Gancini’ three-dimensional trademark, inspired by the graphic form of the letter Ω (omega) and used also as a closure on the front of numerous...

Trademarks: first name and exclusive rights. The Court of Naples declares that the trademark ‘Michele’ is valid in the pizza sector.

Oct 31, 2018 | Distinctive Signs, News

In two important cases in which the oldest and world famous Neapolitan pizza parlor has been assisted by Sena & Tarchini law firm, the Court of Naples, with two separate decisions, has confirmed the exclusive rights on the name ‘Michele’ as a sign,...

Conflict between an earlier trademark and a P.D.O. (Protected Designation of Origin): it is for the National Court to assess it

Feb 6, 2018 | Appellations of origin and geographical indications, Distinctive Signs, News

By decision n. 21191 of 13 September 2017, the joint sections of the divisions of the Supreme Court has recognized the competence of the National Ordinary Court for the action taken by Azienda Agricola Salaparuta s.p.a. based on its registered trademark...

Selective distribution systems and the prohibition of online sales on marketplaces in the luxury goods sector

Feb 6, 2018 | Competition and antitrust law, Distinctive Signs, News

On December 6, 2017, the European Court of Justice handed down its ruling in the Coty case in Germany.The judgement clarifies the important subject of selective distribution contracts. The Court of Justice has infact confirmed that a contractual clause that prohibits...
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