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MEET THE JUDGES
Seminar
English
Italian

Thursday, 30th January 2025
OFF/OFF Theatre, Via Giulia 20, Rome, Italy
Overview
View the Programme
PROGRAMME
11.00 hrs   Registration of attendees
12.00 hrs Buffet Lunch
13.00 hrs Opening of the Symposium
  Welcome by the Chair of MARQUES Council
Antony DOUGLASS, Specsavers Optical Group Ltd., Guernsey
  Institutional address by the Representative of the Italian Patent and Trademark Office
Speaker tbc
13.15 hrs Session I – Moderator: Avv. Vittorio CERULLI IRELLI
  Overview on the most recent case-law trends and analysis of the administrative decisions and appeal judgements and of the case-law of the European and Italian Courts, on the following topics:
  • Proof of use: are there different thresholds for the burden of proving genuine use and/or reputation or acquired distinctiveness?
  • Showing reputation and acquired distinctiveness through market surveys: benefits and pitfalls of using market surveys in trademark litigation, and requirements for a survey can help assess the strength of a trade mark or acquired secondary meaning through consumer recognition and association.
  • Well-known trade marks and trade marks enjoying reputation: extension and limits of their protection and enforcement, and in this context, the protection for heritage brands.
  • Coexistence and preclusion due to tolerance: the requisites for the commencement of the period of preclusion, the differences between the preclusion due to acquiescence and the peaceful coexistence of trade marks as a factor to be taken into account in the assessment of the likelihood of confusion.
  • Selective distribution schemes for luxury brands: opportunities and limits.
  Speakers: Hon. Paolo CATALLOZZI - Supreme Court of Cassation, First Civil Section
    Hon. Elisa FAZZINI - Court of Appeal, Milan, First Civil Section
    Hon. Silvia VITRÓ - President of the Court of Enterprises, Turin
    Avv. Prof. Gustavo OLIVIERI - Full Professor of Commercial Law, LUISS University, Rome, and Member of the Italian Board of the Appeals against the decisions of the Italian Patent and Trademark Office
    Avv. Cinzia NEGRO - Member of the 2nd and 3rd Boards of Appeal, Boards of Appeal, European Union Intellectual Property Office - EUIPO
    * List still provisional, in the pendency of confirmation by other invited speakers.
14.30 hrs Session II – Moderator: Avv. Elisa VITTONE
  Overview on the most recent case-law trends and analysis of the administrative decisions and appeal judgements and the case-law of the European and Italian Courts, on the following topics:
  • Non-conventional marks such as colours, shape marks and trade dress of products, and sounds, and promotional messages and slogans: market needs vs protection limits
  • Patronymics trade marks: specificity and protection limits
  • The distinctive character of a trade mark, in the assessment of a likelihood of confusion: strong and weak trade marks, complex trade marks, and the neutralising weight of figurative components and other verbal or graphic elements in the comparison.
  Speakers: Hon. Paolo CATALLOZZI - Supreme Court of Cassation, First Civil Section
    Hon. Elisa FAZZINI - Court of Appeal, Milan, First Civil Section
    Hon. Silvia VITRÓ - President of the Court of Enterprises, Turin
    Avv. Prof. Gustavo OLIVIERI - Full Professor of Commercial Law, LUISS University, Rome, and Member of the Italian Board of the Appeals against the decisions of the Italian Patent and Trademark Office
    Avv. Cinzia NEGRO - Member of the 2nd and 3rd Boards of Appeal, Boards of Appeal, European Union Intellectual Property Office - EUIPO
    * List still provisional, in the pendency of confirmation by other invited speakers.
15.45 hrs Coffee Break
16.15 hrs Session III - Moderator: Avv. Flavia TAMBURRINI
 
  • The Experience and the point of view of the industry.

The Speakers representing the industry sector will be invited to propose their views and further thoughts on the protection and enforcement of trade marks and any perceivable gaps between market realities and case-law trends, in light of their own professional experience.

  Speakers: Avv. Lorella CIPRIANI - Senior IP Legal Counsel, BOTTEGA VENETA
    Avv. Laurence MOREL-CHEVILLET - Direttore, IP & Brand Protection, BULGARI (LVMH group)
    Dr. Andrea CHIANURA - Intellectual Property, Food Law & Tech Senior Counsel, LAVAZZA S.p.A., Torino
17.15 hrs Summation and Close
  Conclusions by the Chair of MARQUES Council
Antony DOUGLASS, Specsavers Optical Group Ltd., Guernsey
17.30 hrs Theatrical Performance

The Trials of Oscar Wilde - J. Productions
Introduction by Julia HOLDEN, Partner, Trevisan & Cuonzo, Milano

Written by Merlin Holland (nephew of Oscar Wilde) and John O’Connor
18.30 hrs Drinks Reception







 

 

 

 

 

 


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