Industrial Design

Case Law, Infringement, Italy, Originality, Subject matter (copyrightable)

(De Simone & Partners S.P.A.) and (Bugnion S.p.A)/ /Leave a comment

Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law?  Apparently it can, at least according to the Court of Turin, which recently said so, with its decision no. 1900/2017 dated March 17, 2017. The case was started when Piaggio, maker of the scooter Vespa, asserted rights arising…

Italy, Jurisdiction, Legislative process, Making available (right of), Subject matter (copyrightable)

(Monducci Perri Spedicato & Partners)/ /Leave a comment

The “Arco” lamp is protected by copyright. But Italy is still struggling with the moratorium of the copyright protection of industrial design. With a 56-pages decision of the District Court of Milan published on 12 September 2012 and made available last week, the “Arco” lamp case, started as far back as 2006, has finally come…