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“Made in Italy”

Bird & Bird
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Italy
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July 21 2010

The topic of foodstuff tracking through the label "Made in Italy" is a very sensitive issue in Italian legislation, case law and public opinion

In Italy, the Civil Code and the Industrial Property Code ensure protection for unregistered marks, as well as other unregistered commercial signs (eg, insignia, business names and company domain names), but such protection is subject to strict conditions and a number of restrictions

No generic character of Bayer's trademark "Aspirina"; infringement by sale of homeopathic pills under the name "HerbAsprina"

Hogan Lovells
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Italy
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January 20 2011

Bayer AG and its Italian subsidiary Bayer S.p.A. claimed infringement of Bayer's trademarks containing the well-known name "Aspirina" by Elaborados Dieteticos S.A. (ED), a Spanish pharmaceutical company specializing in homeopathic products, who manufactured and sold in Italy homeopathic pills under the name "Herbasprina" for which it had registered in 1998 the Italian trademark "HerbAsprina" (No 845.511) for classes 5 and 30

Fashion designer allowed to prevent use of name despite selling all rights

McDermott Will & Emery
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European Union, Italy
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September 28 2011

Ruling on the proper interpretation of national legal provisions in invalidity proceedings (Edwin Co Ltd v Elio Fiorucci C- 26309), the Court of Justice of the European Union (CJEU) has held that the holder of a name is entitled to prevent its use as a Community trade mark (CTM) where national law permits

Seizure of websites for trade mark violation

Baker & McKenzie
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Italy
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January 31 2012

On 29 September 2011, in a decision widely reported by the media, the Court of Padua issued a decree ordering the preventive seizure of 493 websites containing a specific trade mark in their domain names, in relation to the alleged crimes of importing, marketing and selling products bearing fake trade marks, and handling goods derived from criminal activity

Coexistence of "Bavaria Holland Beer" trademark and the geographical indication "Bayerisches Bier" in Europe?

Hogan Lovells
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Germany, Italy
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January 27 2012

In the multi-jurisdictional dispute between Bayerischer Brauerbund e.V. (Bavarian Brewers Association) who enjoys protected geographical indication (PGI) status for the term "Bayerisches Bier" ("Bavarian Beer") and the Dutch brewer Bavaria N.V. which owns the international trademark registration "BAVARIA HOLLAND BEER" for its beers, the German Federal Court of Justice and the Italian Court of Appeal of Turin ruled on the validity of Bavaria's trademark

Interpreting the provisions governing the registration of names as trademarks

Jacobacci & Partners
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European Union, Italy
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September 28 2011

Elio Fiorucci filed an action to revoke Edwin Co Ltd's registration of the word mark ELIO FIORUCCI in International Classes 18 and 25

Manager of an online forum is not liable for content posted by users

Baker & McKenzie
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Italy
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November 10 2011

On 11 August 2011, the Court of Bologna issued a decision in a case brought by an Italian company, a provider of beauty products and services, against Yahoo!

Use of registered trademarks in domain names - when and how to obtain seizure

Portolano Cavallo Studio Legale
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Italy
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November 15 2011

An Italian court has recently held that if a website wrongfully uses a registered trademark in its domain name, and if a court order is sought to require an Italian internet service provider (ISP) to block access to the website, such an order cannot be granted unless the applicant produces evidence of the website’s illicit content or purpose

Sale of fake design products - with or without a trademark or design registration - is a criminal offence in Italy

Hogan Lovells
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Italy
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July 21 2011

The Italian Supreme Court issued a decision enhancing the protection for design products under Italian criminal law

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Search results

“Made in Italy”

Still a marginal reality?

No generic character of Bayer's trademark "Aspirina"; infringement by sale of homeopathic pills under the name "HerbAsprina"

Fashion designer allowed to prevent use of name despite selling all rights

Seizure of websites for trade mark violation

Coexistence of "Bavaria Holland Beer" trademark and the geographical indication "Bayerisches Bier" in Europe?

Interpreting the provisions governing the registration of names as trademarks

Manager of an online forum is not liable for content posted by users

Use of registered trademarks in domain names - when and how to obtain seizure

Sale of fake design products - with or without a trademark or design registration - is a criminal offence in Italy

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