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19

novembre

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…

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8

ottobre

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…

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23

luglio

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…

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9

luglio

2014

IAM

Hold your horses: overall impression governs evaluation of design infringement

A recent decision of the Court of Perugia addressed the criteria for evaluating infringement of a registered design. The judgment confirms the alignment of Italian design law with…

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7

maggio

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…

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2

aprile

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

marzo

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…

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8

gennaio

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,…