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Italy

LG Chem scores settlement and licence with key Chinese battery maker

After calling off ITC investigation, South Korean company will receive royalties from Hong Kong-based supplier to brands like DJI, Oppo and Apple

LG Chem scores settlement and licence with key Chinese battery maker

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15 May 2019

Amending claim is no block to damages request

A Milan Court judgment has provided clarity on damages in a case where a patent claim was amended. The court has stated that when an infringed patent is amended, damages will be incurred from the date that the infringement started, even if this took place before the amendment. Read more

11 Apr 2019

Litigation and eligibility: Italy

Patent owners in Italy may file a lawsuit against an alleged counterfeiter and begin proceedings on the substance of the case. If certain requirements are satisfied, the patent owner may also file a provisional remedy in order to seek a faster decision by a judge. In some cases, the decision reached in the petition must be confirmed by a subsequent main proceeding. Read more

10 Apr 2019

The QVEÉ ASSOLUTA case: a question of labels and wine

The Italian Trademark and Patent Office Board of Appeal has reiterated that, in the crowded wine sector, confusion between trademarks is less likely to occur even when certain similarities are present, as most consumers pay close attention to the products that they buy. Read more

12 Mar 2019

Are wheel rims accessories or spare parts?

In Acacia v Daimler the Court of Rome has confirmed that wheel rims are spare parts rather than accessories. This case examines the details of the repair clause of Article 241 of the Italian Industrial Property Code and Article 110 of the Regulation on Community Designs. Read more

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Designs

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12 Oct 2017

Effective use of Community design protection

Design protection has taken on an increasingly important role in recent years, since appearance and exterior shape now play a fundamental role in the success of a product. Designs are now relevant to a wide range of products involving industry,… Read more

Litigation

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12 Oct 2017

Effective use of Community design protection

Design protection has taken on an increasingly important role in recent years, since appearance and exterior shape now play a fundamental role in the success of a product. Designs are now relevant to a wide range of products involving industry,… Read more

5 Apr 2017

CLINIQUE: reputation alone may not cure trademark's inherent weakness

In a recently published decision the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness. Read more

11 Jan 2017

Patronymic trademarks in the fashion industry: what’s in a name?

In the fashion industry it is common to use and register the name of a designer as a trademark. But what happens when a designer assigns his or her company's IP assets, including trademarks associated with his or her own name, to a third party, and then continues using the name in new trademarks? Read more

7 Dec 2016

When employment contracts are silent: remuneration for employees' inventive activities

The Court of Cassation (Italy's highest court) recently issued a decision concerning whether a scientific director who contributed to an invention but whose employment contract did not specifically address remuneration for such activities was entitled to the payment of a fair premium. Read more

Trademarks

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5 Apr 2017

CLINIQUE: reputation alone may not cure trademark's inherent weakness

In a recently published decision the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness. Read more

9 Nov 2016

The double identity of OSCAR: a trademark and a common term

The Supreme Court recently held that the trademark OSCAR was valid with respect to the film industry and thus gave its owner, the Academy of Motion Picture Arts and Sciences, exclusive rights in its use. However, the court also held that the trademark had become a common name in relation to other services – namely, teaching and performances in Class 41 of the Nice Classification. Read more

13 Jul 2016

Court of Milan considers claims of nullity and partial nullity against same mark

A Court of Milan decision ordered the partial nullity of a trademark, permitting the continued registration of the remainder of the mark. Although trademark litigation may not always be pretty, it might just save at least part of your trademark. Read more

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San Jose CA, United States
Nicholson De Vos Webster & Elliott LLP
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