Plastic Design vs. Luxury: The Court of Bologna Confirms Copyright Infringement but Limits the Scope of Registered Design and Shape-Trademark Counterfeiting
12 March 2026
The ruling of the Specialized Business Section of the Court of Bologna (R.G. 10791/2023, Chamber Order of 17 December 2025, Presiding Judge Guernelli, Reporting Judge Dioguardi) offers an important opportunity to reflect on the protection of design in the jewelry sector. In this field, the shape of the product often constitutes the primary factor of […]
Upcycling and trademark protection in China: the Louis Vuitton case between product transformation and the exhaustion doctrine
27 February 2026
In the luxury sector, the growing spread of circular economy models and upcycling practices raises complex questions regarding the relationship between sustainability and trademark protection. The reuse of second-hand products responds to an increasingly environmentally conscious demand; however, where reworked goods continue to display the original distinctive signs, the issue arises as to whether such […]UPC or National Court: the key role of the opt-out
12 February 2026
The decision of the Court of Venice of November 12, 2025 (R.G. 10432/2024) addresses the issue of jurisdiction in a dispute concerning the infringement of a European patent, with specific reference to the alternative between the jurisdiction of the national court and that of the Unified Patent Court (UPC), pursuant to Article 83 of the […]Claims amendment: powers of the Court and invalidity proceedings
28 January 2026
A decision of the Bologna Court of Appeal, delivered on 15 December 2025 following referral by Supreme Court, has tackled the sensitive issue of claim amendment during the invalidity proceedings. The matter is of crucial importance in patent litigation strategy, particularly in cases involving complex interactions between the assessment of infringement and the (often narrow) […]
