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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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6 Aug 2019

Declaration of non-infringement of Nestlé capsules was sought at proper time, judges say

The Court of Milan has confirmed that an urgent declaration of non-infringement can be granted even if the allegedly infringing product has already been launched on the market. Read more

24 Jul 2019

That’s immaterial: identifying material details in Community designs

It is possible to protect the appearance of products throughout the European Union using registered and unregistered Community designs. In order for these to be valid, the design for which protection is sought must be sufficiently different from designs that are already publicly known. Further, the designs may “differ only in details that can be qualified as ‘immaterial’”. But what does the EUIPO consider to be ‘immaterial details’? Read more

24 Jul 2019

Restyling the Italian Industrial Property Code – how will trademark owners be affected?

The Italian Industrial Property Code has amended existing provisions and added new ones, with the aim of reinforcing the protection of trademark owners’ rights and harmonising the IP laws of EU member states. Read more

3 Jul 2019

Employer versus employee: and the winner is…

In a recent decision, the Court of Milan has offered a broad interpretation of employers’ rights to patents filed by employees where the patents are in the employer’s general field. It opined that the employer should be favoured in the case at hand as the inventive act was carried out under an employment contract, although the employee could still be entitled to a reward. 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

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Declaration of non-infringement of Nestlé capsules was sought at proper time, judges say

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That’s immaterial: identifying material details in Community designs

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Restyling the Italian Industrial Property Code – how will trademark owners be affected?

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Chemical intermediates: patentability and infringement under the doctrine of equivalents

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Border seizure in the European Union

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Kirsten A Grüneberg
Managing Partner
Tysons, United States
Grüneberg and Myers PLLC
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