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 \u03a9 (omega) and used also as a closure on the front of numerous bags and accessories of the Fiorentine maison.
\nIn particular the Court, confirming the validity of the trademark in question (on which it ruled with decision n. 14684 of 2007), ruled that it is a ‘strong’ trademark and therefore, as such, ‘worthy of the most highest protection, marked with a powerful incisiveness which makes unlawful the variations even if original that, anyway, leave intact the idealogical core which sums up the individualising attitude of the sign’ as well as being well-known. The Court has then made an in-depth analyses of the scope of protection of the trademark which enjoys a repute, examining it under three profiles such as the subject matter of the protection, the requirements necessary to enjoy such protection and the cases in which it is recognised.
\nMoreover it is particularly interesting to point out that the Supreme Court has censored the decision by the Milan Court of Appeal in the part where it excluded that there was a risk of confusion for the public based on the alleged instrumental function of the products at issue (e.g. belts, closures for bags in the shape of the letter \u03a9) and therefore, according to the Court of Appeal Judge, not perceivable as distinctive elements of such product. Instead according to the Supreme Court ‘the perception by the public of a sign as an ornament cannot represent an obstacle to the protection granted by art. 5, n. 1, letter b) of the Directive when, notwithstanding its decorative element, such sign resembles the registered trademark in such a way that the interested public may believe that the products come from the same company or, possibly, from undertakings which are linked to it financially, with the result that the instrumental function of the element which incorporates such sign, like the one at issue here, cannot preclude the appreciation.<\/p>\n
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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 \u03a9 (omega) and used also as a closure on the front of numerous bags and accessories of the Fiorentine maison. In particular the Court, confirming the […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":""},"categories":[35,32],"tags":[],"yoast_head":"\n