Tonucci & Partners, with Giunio Tonucci, Fabio Boscariol De Roberto and Danilo Martucci, has acted with prosecution agreement and in first instance before the Court of Rome to protect the patronymic trademarks containing “Mattiolo” component , initially obtaining a description order, granted inaudita altera parte, subsequently confirmed, together with the injunction regarding “Mattiolo” trademarks usage in class 18 (leather and leather goods).
The Court of Rome has, in fact, affirmed that the patronymic was used by the defendants not only in a merely descriptive way to contribute to the designer’s creativity, but for the sole purpose of evoking, illegitimately, the brands distinguished by “Mattiolo” patronymic in order to associate, therefore, the usage to the fame of the latter. To date, the judgment concerning the merits related to compensation aspects remains pending.