Trademark infringement within the European Union: the EU Court of Justice provides the official definition of an establishment for the purpose of finding the competent Judge
Authors: Maria Grazia Cavallo, Emanuele Cretaro
In order to define the competent jurisdiction for the claims concerning European trademark, a legally independent company based in an EU Member State and indirectly controlled by an extra-EU parent company constitutes an "establishment" of the latter if it is present in a real and stable form in the Member State in which it is located and from which a commercial activity is performed and if it is established abroad, over the long term, it is considered as an extension of the parent company.
Which is the future for movement trademarks in Europe? A work in progress...
Author: Maria Grazia Cavallo Marincola
EU Regulation no. 2015/2424, entered into force on March 23, 2016, introduced a number of changes to the European trademark regime.
The Italian Court of Appeal decides on THUN design protection as a copyright
Author: Maria Grazia Cavallo Marincola
The Italian company THUN manufactures and markets décor accessories for the kitchen and bathroom and it is wellknown for its typical ceramic statuettes, also used for decoration items and Christmas ornaments as well.
