News
Counterfeiting and usurpation of the trademark. The order of the Supreme Court, no. 2976 of February 7,2020.
- 24/02/2020
The Supreme Court with order no. 2976 of February 7,2020 stated that the inclusion in a complex trademark of the only element, nominative or emblematic, which characterizes a previously registered simple trademark translates into counterfeiting, even if the new trademark is made up of other elements that differentiate it from the previous one. In this case, for the purpose of assessment of counterfeiting existence, each element of the complex trademark cannot be attributed to the same individualizing and differentiating function, but it is necessary to establish which of the multiple elements of the complex trademark may be directed the attention of consumers.
NEWS
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