For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

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Friday, 20 August 2004

REQUEST FOR ASSISTANCE

Could anyone who knows of any European Member State trade mark dilution cases, other than those which have appeared in the European Trade Mark Reports, please let me know by emailing the IPKat at theipkat@yahoo.com. I'll be eternally grateful - and so will my thesis.

1 comment:

Luca QM IP LLM said...

Hey there,
I am not sure whether the case was eventually pursued, I am aware of it from an italian tv program "Le Iene" (Reservoir Dogs). A small individual clothes trader from North East Italy alerted the journalists from Le Iene about a cease and desist letter she received from the lawyers of Martini & Rossi (that is fully owned by Bacardi)the famous beverage company from Torino, manufacturers of Martini (www.martini.com).
The lady who owns the shop trades knitwear with her own name , Martini, since years, locally (smaller area than a jurisdiction of a district court), and uses Martini as sign for her only shop in her hometown and affixes labels "Martini" to the clothes she sells (to bear the prices, apparently she does not manufacture the clothes she shells).Such Martini sign is fluo-pink on black, written in its own style, not resembling with the well-known Martini sign (honestly also quite hard to decipher at first sight).
There being no similarity in goods , but identical marks and a well known mark , Martini alleged (euro)dilution [as s.5(2)EC Dir.104/89 , italian equivalent would be in art.17(1)(e)"Legge sui marchi" 929 1942 Act as amended by d.lgs.480/1992.]
That was some months ago, for further information you can contact Martini's lawyers, Italy's biggest IP practice "Jacobacci&Partners" (www.jacobacci.it) and ask for details.Since the tv program portrayed that cease and desist letter as a groundless threat (that could be the case under own name defense and limited territorial extent of defendant's sign)Martini may have dropped the case to avoid a PR boomerang (the TV show is quite popular)but it is definitely worth trying to approach Jacobacci (it would be interesting , there must be at least 100 "Martini" companies in Italy...) .
Concerning metatags, I have a few ideas , but now am in the middle of a fight with recombinant DNAs for the patent exam and cannot help.After the 3rd of sept I will be preparing TM and so will be able to express my view on J.Jacob's idea of metatrademarks.
ciao
Luka

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