The Italian Supreme Court accepts an appeal by a luxury fashion designer demanding the cancellation of the registration of two brands for lack of novelty to avoid dilution or corrosion of the trademark as a result of counterfeiting (Gucci / Zhou Shaolin)

Carcione, Isabella

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7 Oct 2021

The Italian Supreme Court accepts an appeal by a luxury fashion designer demanding the cancellation of the registration of two brands for lack of novelty to avoid dilution or corrosion of the trademark as a result of counterfeiting (Gucci / Zhou Shaolin)

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Reference

Italian Supreme Court, Gucci / Zhou Shaolin, Judgment No. 27217/2021, 7 October 2021 (Italian)

With the following article I would like to analyze the very recent sentence of the Court of Cassation - n. 27217/2021 filed on 7 October 2021 [1], which, in terms of the protection of renowned brands, accepted with postponement the appeal by Gucci which requested the cancellation for "lack of novelty" of the registration of two brands from part of a Chinese company, Zhou Shaolin, believing that these were the result of counterfeiting. It should be noted that the brands that enjoy notoriety, compared to the so-called ordinary trademarks, not characterized by notoriety, receive enhanced protection that goes beyond the simple risk of "confusion" between the products [2], based on the provisions of Legislative Decree 30/2005 - Industrial Property Code (CPI) - in implementation of EC

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Author

Isabella Carcione
Accademia del Lusso (Milan)

Italy 3 contributions 609 visits

Quotation

Isabella Carcione, The Italian Supreme Court accepts an appeal by a luxury fashion designer demanding the cancellation of the registration of two brands for lack of novelty to avoid dilution or corrosion of the trademark as a result of counterfeiting (Gucci / Zhou Shaolin), 7 October 2021, e-Competitions October 2021, Art. N° 103924

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