Speakers:
- Nicoletta Galizia - Studio Legale Jacobacci & Associati
- Simone Gallo - Jacobacci & Partners
Language: English
Description:
The webinar is focused on the analysis of some aspects related to coexistence agreements between trademarks, under Italian and European case-law and legal doctrine.
Following an introduction to coexistence agreements in general, we will then examine the content and typical clauses, analysing the main types of differentiations (graphic-denominative, commodity and territorial) that can be utilized to ensure that trademarks may coexist peacefully and in a manner that is not confusing.
We will then examine issues of validity of these agreements, specifically whether they are capable of preventing the deception of the public resulting from a confusing use of trademarks. Finally, we will consider the effectiveness of coexistence agreements in relation to third parties, particularly whether they are binding on successive assignees of the trademarks that form the basis of agreement.
