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The harmful marketing of branded products

  • 12/06/2019

The Court of Milan, specialized business section, stated, with ruling dated 6 May 2019, that if products protected by the trademark are marketed in a “demeaning” manner, it is possible for the trademark owner to prevent their distribution.

in the present case, in fact, despite the products sold were original, sales methods were detrimental to the appellant's trademark rights, therefore unlawful pursuant to art. 5, paragraph 2, Intellectual Property Code. The aforementioned provision provides, in fact, that the owner of the trademark has the right to forbid the circulation of his products, even if they are put on the market with his own consent, due to legitimate reasons.

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