Artistic Value May Prevent Protection Of The Vespa Shape As A Trade Mark In Italy
Published date | 26 March 2024 |
Law Firm | K&L Gates |
Author | Ms Serena Totino and Sophie Levitt |
The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape's artistic value usually confers substantial value which prohibits trade mark registration under Italian law.
Background
It began in 2014 as a classic case of trade mark infringement of an iconic Italian trade mark, the Vespa shape, by a Chinese company. The validity of Piaggio's Italian 3D trade mark for the Vespa shape, was challenged.
In 2017, the Court of First Instance of Turin dismissed the request to invalidate the Vespa 3D mark and found that the Chinese company had infringed...
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