For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

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Tuesday, 18 January 2005

INSIDE ITALIAN TRADE MARKS


PC World reports on an upcoming Italian trade mark dispute between Intel and an Italian computer manufacturer. SBF Elettronica SRL manufactures PCs in a suburb of Naples. It uses a logo containing the words "G Genoa Power Inside" on its machines since, at one time it used motherboards produced by a company named Genoa (though it has ceased to do so since the company went bankrupt). Chip-maker Intel claims that the Italian company’s use infringes its INTEL INSIDE logo, which is registered as a trade mark in the EU. SBF’s lawyer claims that there is no infringement. He states:

“SBF says there is no such risk [of confusion], that G Genoa is a complex trade mark and that 'Inside' is a term in common English use that does not of itself evoke the Intel trade mark."
He claims that the colour and the design of the two logos are very different.


The IPKat always brings you the inside story.
The IPKat says, if anyone ever doubted the importance of recognising the need to keep certain marks free for other traders to use, they just need to consider the prospect of strong trade mark rights being granted in the word INSIDE. Merpel wonders whether, if this was prima facie infringement, a defence of descriptive use would be available. Can it be considered to be honest use to use a mark to describe contents which a computer no longer has.

More fun insides here, here and here

2 comments:

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