Italian Supreme Court on the iconic Vespa design: is it “too artistic” to be a trade mark?

On November 28, 2023 the Italian Supreme Court issued a key decision about the iconic Vespa design. In doing so, the Court considered whether a design that was also covered by copyright, was precluded from registration as a 3D trade mark. According to the Court, if the shape of the product has artistic value under copyright law, it usually has substantial value under trademark law and, therefore, it cannot be registered as a 3D trade mark.