19

November

2014

IAM

A rose by any other name does not necessarily cause confusion

In a recently published decision (Case 7326 – Decision 03/04, Iniziative Srl v Italian Patent and Trademark Office, September 23 2013) the Board of Appeal issued a ruling…

8

November

2014

IAM

Defendant‌ ‌pokes‌ ‌holes‌ ‌in‌ ‌screen‌ ‌patent‌ ‌claims‌

In Effe v Stiltende Genius the Court of Milan denied injunctive relief under the doctrine of equivalents to a plaintiff which tried to base an infringement claim on the subject…

23

July

2014

IAM

The deer makes the difference: autonomous protection for each part of composite mark

In Jägermeister v Zwack (Decision 1249/2013 of January 18 2013, published recently) the Supreme Court ruled that for a composite mark consisting of two autonomously distinctive…

7

May

2014

IAM

Software-based solutions for user-controlled presentation of information may be patentable

A recent decision of the Court of Turin addressed the patentability of software based solutions involving the user-controlled presentation of information. The judgment encompassed…

2

April

2014

IAM

How strong is a fortress? Inconsistency over confusing similarity between trademarks

A recent decision held that the trademarks FORTEZZA (meaning 'fortress') and FORTENZA were not confusingly similar. The decision is inconsistent with other decisions in similar…

26

March

2014

IAM

International report - Italian judicial proceedings stayed during EPO opposition proceedings

According to a recently published decision (SPA Sperotto v BBM Bolpagni SPA), the Court of Turin has decided to stay judicial proceedings concerning validity and infringement of…

8

January

2014

IAM

San Daniele: Italy fights for its ham

In a case involving the United Kingdom, Italy has confirmed that it will fight strenuously at the EU level in order to protect its geographical indication against infringements,…

18

December

2013

IAM

Court of Cassation rules on Galenic exception

The Court of Cassation recently ruled on the scope of the so-called 'Galenic exception', which allows pharmacists to prepare prescription medicinal products that may otherwise…