Region: Italy

Protection of Unregistered Trademarks – Seizure of Infringing Packaging Material Under art. 129 of t

The petitioner, Riseria Monferrato S.p.A., had been using its unregistered design mark comprising the representation of an Indian woman seated on a carpet while preparing bread on a background of columns of blue colour on a further background of red colour. This design mark was being used in a substantially identical form by a competitor, Riseria Roncaglia S.r.l., and such use was pursued notwithstanding warning letters dating back to 2005.

01 January 2007

Exhaustion of Rights Principle in the European Union not Necessarily Applicable to Parallel Imports

A Bologna judge has rejected the arguments of the respondent based on exhaustion of rights. The judge held that this was not a case of admissible “parallel importation” since the goods manufactured in Holland and imported into Italy by the respondent were marketed without the consent of the trademark owner.

01 October 2006

Labour controversies affecting IP right

The jurisdiction concerning IP litigation has been assigned in 2003 to a limited number of specialised IP chambers of Courts spread throughout the Italian territory. The Court of Cassation has now decided the debated question whether such specialised sections did also have jurisdiction over controversies relating to employees’ inventions or whether Court Chambers dealing with labour conflicts were in charge.

01 September 2006

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