Publications

Evidence of clear conflict required for declaratory judgment action

Evidence of clear conflict required for declaratory judgment action

11/4/2018 - Christian Vanzini - IAM Weekly 
An action for declaration of non-infringement may be generally de-fined as an action in which a third party, involved in or anticipating a possible or actual infringement dispute, requests that a court rule on its freedom to perform acts which otherwise could put such par-ty at risk of being considered an infringer.

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Friday, June 08, 2018/Categories: Publications
Supreme Court rules on weak marks and likelihood of confusion

Supreme Court rules on weak marks and likelihood of confusion

7/3/2018 - Camilla Pavanello - IAM Weekly 
Italy’s highest court has confirmed that even minor modifications or additions can be sufficient for a later trademark to avoid likelihood of confusion with an earlier trademark that is considered weak.

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Thursday, June 07, 2018/Categories: Publications
File wrapper estoppel trumps infringement under doctrine of equivalents

File wrapper estoppel trumps infringement under doctrine of equivalents

20/12/2017 - Valeria Croce - IAM Weekly 
The Court of Milan recently held that the text of a European patent application and the applicant’s actions during the prosecution history of the application which sought to limit a claim to a compound’s specific salt form precluded a finding of infringement – including under the doctrine of equivalents – by other salt forms.

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Thursday, February 01, 2018/Categories: Publications
Lessons in unfair competition and misappropriation of confidential information

Lessons in unfair competition and misappropriation of confidential information

6/12/2017 - Francesco Chimini - IAM Weekly 
The Court of Milan recently held that the use of images that are highly similar to those of products shown in a competitor's catalogue constituted unfair competition, and that the use of non-identical technical drawings was insufficient to establish a claim of misappropriation of a competitor’s confidential information. 

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Thursday, February 01, 2018/Categories: Publications
UIBM’s novel approach to finding sufficient spread between SPREAD and SPREAD

UIBM’s novel approach to finding sufficient spread between SPREAD and SPREAD

8/11/2017 - Laura Salustri - IAM Weekly 
In its March 21 2016 decision in Trust Monti Fonti and Saldarini 1882 v Arboritanza Gianmarco (807/2013), the Italian Patent and Trademark Office (UIBM) used a new approach for assessing the likelihood of confusion between trademarks that borrows many features from the general rules of language development. 

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Thursday, February 01, 2018/Categories: Publications
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