Publications

CLINIQUE: reputation alone may not cure trademark's inherent weakness

CLINIQUE: reputation alone may not cure trademark's inherent weakness

5/4/2017 - Alessandra Naia - IAM Weekly 
In a recently published decision (Civil Division, Section I, December 7 2016, no 25168) 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.

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Monday, July 10, 2017/Categories: Publications
Chemical intermediates: patentability and infringement under the doctrine of equivalents

Chemical intermediates: patentability and infringement under the doctrine of equivalents

1/3/2017 - Elena Comoglio - IAM Weekly 
The Supreme Court has written the final chapter in a long-running litigation between Industriale Chimica and Bayer in connection with the production of drospirenone when it ruled that a chemical intermediate might not be patentable per se, despite being novel, inventive and provided in a stable form.

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Thursday, April 20, 2017/Categories: Publications
Patronymic trademarks in the fashion industry: what’s in a name?

Patronymic trademarks in the fashion industry: what’s in a name?

11/1/2017 - Miriam Mangieri - IAM Weekly 
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?

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Thursday, April 20, 2017/Categories: Publications
When employment contracts are silent: remuneration for employees' inventive activities

When employment contracts are silent: remuneration for employees' inventive activities

7/12/2016 - Luca Cristinelli - IAM Weekly 
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.

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Thursday, February 02, 2017/Categories: Publications
The double identity of OSCAR: a trade-mark and a common term

The double identity of OSCAR: a trade-mark and a common term

9/11/2016 - Gianpiero Coccia - IAM Weekly 
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 (AMPAS), exclusive rights in its use. However, the court also held that the trademark had become a common name in relation to other services.

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Thursday, February 02, 2017/Categories: Publications
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