The NCTM IP team is happy to announce that with decision n. 26498/2013, issued on November 27, 2013, the Italian Supreme Court, upheld the petition proposed by NCTM Law Firm on behalf of Ferrari and overruled the Court of Appeal’s decision which considered legitimate the use of Ferrari trademarks by an unofficial Ferrari owners’ association, named Ferrari Club Milano.
According to the Supreme Court’s decision, the acquiescence in the use of a later trademark can only operate in favour of registered trademarks. Hence, the owners’ tolerant knowledge of the use of a non-registered trademark shall not prevent the trademark proprietor from bringing action against that use.
In addition, according to the Supreme Court, trademark infringement is not excluded by the circumstance that the infringer is a non-commercial entity.
NCTM partners Alberto Toffoletto, Sante Ricci and Paolo Lazzarino assisted Ferrari in the case.