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28 Jan 2020, 3:38 am by Sara Parrello
Sara Parrello and Fabio AngeliniThe CJEU quite often agrees with its General Court, so when it does not it’s always interesting to see why. [read post]
30 Dec 2019, 6:27 am by Sara Parrello
Sara Parrello and Fabio AngeliniIn the past few weeks, almost contemporaneously, two courts cases dealt with the scope of protection of the PDO “Aceto Balsamico Tradizionale di Modena” and the PGI “Aceto Balsamico di Modena”. [read post]
9 Jan 2019, 11:53 pm by Sara Parrello
Sara Parrello and Fabio AngeliniWith decision of 15.10.2018 on case T-7/17, the General Court (GC) has clarified an important factor for applicability of Article 8(3) EUTMR, on the prohibition for registration of a trademark filed by an agent or a representative of the trademark owner. [read post]
21 Mar 2019, 10:38 am by Sara Parrello
Sara Parrello and Fabio AngeliniIn the US to indicate two things which are truly… incomparable, one says “oranges and apples”. [read post]
22 Oct 2018, 1:43 am by Sara Parrello
Sara Parrello and Fabio AngeliniIt is quite uncommon to have an administrative law Court ruling on IP matters, but sometimes it happens. [read post]
13 Dec 2018, 7:49 am by Sara Parrello
Sara Parrello and Fabio AngeliniIn law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. [read post]
20 Feb 2019, 8:44 pm by Sara Parrello
Sara Parrello and Fabio AngeliniIs being environmentally friendly a quality which matters for consumers? [read post]
16 Nov 2018, 1:01 am by Sara Parrello
Sara Parrello and Fabio AngeliniSometimes cases are not really that interesting for their outcome, but rather for how the Courts get there. [read post]
16 Apr 2019, 12:37 am by Sara Parrello
Sara Parrello and Fabio AngeliniThe EUTMR No. 2015/2424, as well as the Directive No. 2015/2436, have introduced various changes to EU and national trademark laws but both failed to provide transitory rules determining what is the applicable law for trademarks registered before the entry into force of the new law. [read post]
5 Aug 2019, 2:26 am by Sara Parrello
Sara Parrello and Fabio AngeliniSome (among whom, the truly yours) wondered, when in late June the US Supreme Court held unconstitutional the Lanham Act provision (15 U. [read post]
10 Dec 2018, 2:14 am by Sara Parrello
Sara Parrello and Fabio AngeliniIn law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. [read post]
23 May 2019, 3:01 am by Sara Parrello
Sara Parrello and Fabio AngeliniWith decision n. 482 of 2019 the Italian Court of Torino decided on whether the beauty and the history of a car may be reasons to deserve copyright protection. [read post]
2 Jul 2019, 8:22 am by Sara Parrello
Sara Parrello and Fabio AngeliniIn a recent case decided by the Court of Venice (decision n. 2355/2018), MHCS, the producer, inter alia, of the famous Veuve Cliquot champagne, prevailed against a prosecco producer who used orange labels on its prosecco, based on its abstract colour mark “jaune orange” registered as an EUTM. [read post]
23 Oct 2019, 1:14 am by Sara Parrello
Sara Parrello and Fabio AngeliniThe EU legislation does not provide for a definition of the concept of bad faith, but the EU case law in course of years has developed a number of criteria which offer guidance in assessing when a trademark was filed in bad faith. [read post]
11 Sep 2019, 1:16 am by Sara Parrello
Sara Parrello and Fabio AngeliniThe concept of genuine use of a trademark should be the same for all sorts of products/services, but for pharmaceuticals this is not always the case. [read post]
14 May 2019, 12:45 am by Sara Parrello
Sara Parrello and Fabio AngeliniWith decision n. 482 of 2019 the Italian Court of Torino decided on whether the beauty and the history of a car may be reasons to deserve copyright protection. [read post]
15 Jul 2019, 3:26 am by Sara Parrello
Sara Parrello and Fabio AngeliniWhile the new EUTMR 2017/1001 deleted any reference to disclaimers – previously provided by Article 37(2) of EUTMR No. 207/2009 – both the EU Directive 2008/95 and the Recast Directive 2015/2436 neither allowed nor prohibited disclaimers at national level. [read post]
13 Nov 2019, 8:14 am by Sara Parrello
Sara Parrello and Fabio AngeliniAs we all know, the EUTM Regulation 2017/1001 now requires the applicant to indicate the goods and services for which the protection of the trademark is sought with sufficient clarity and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought. [read post]