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

Written By

andrea vantini Module
Andrea Vantini

Associate
Italy

I am a lawyer in our Intellectual Property department at the Milan office, mainly dealing with patents, trademarks, designs, copyright, and assisting our clients in national and cross-border litigations.

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.

Latest insights

More Insights
featured image

Patents Court finds no infringement of ostomy bag patent, even under doctrine of equivalents test

5 minutes Apr 24 2025

Read More
featured image

Report of Trade Mark Cases For the CIPA Journal March 2025

1 minute Apr 22 2025

Read More
featured image

How long are the arms of the UPC?

3 minutes Apr 22 2025

Read More