Artistic Value may Prevent Protection of the Vespa Shape as a Trade Mark in Italy

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Jasmine Jesty

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

Battle of the Bags: UNIQLO Sues SHEIN in Japan Over Viral Handbag Dupe

This post was originally published on this site

Jasmine Jesty

In January 2024, UNIQLO CO., LTD. (UNIQLO) announced that it had filed a lawsuit before the Tokyo District Court against Roadget Business Pte. Ltd., Fashion Choice Pte. Ltd., and SHEIN Japan Co., Ltd. (collectively, SHEIN Parties). UNIQLO alleges that the SHEIN Parties have infringed Japan’s Unfair Competition Prevention Act