Tonucci & Partners, with Fabio Boscariol De Roberto and Danilo Martucci, achieved a significant result before Florence Court of Appeal which ruled in favor of Aturia Group S.p.A. regarding a case related to the unauthorized use of patronymic trademarks containing “Cerpelli” component.
The Court, overturning the first-instance judgment that had deemed them null and void due to non-use, ruled that European “Cerpelli” trademarks are valid. Furthermore the Court, contrary to the Tribunal, ordered the opposing party to repay profits earned by the abusive use of patronymic “Cerpelli”. The judges specified that restitution of profits can be requested even without demonstrating specific damages, as a remedy aimed at discouraging unfair market conduct. An appeal is currently pending before the Supreme Court of Cassation.
