The Italian Supreme Court has issued several decisions concerning damages assessment in case of IPRs infringement and in particular the ‘reasonable royalty criterion’ in 2021.
Trade secrets and disclosure would seem to be clearly demarcated opposites, but the reality is that the relationship between them is often more nuanced. In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade secrets’ in the bidding documentation.
Readers of the IPKat blog are all likely to be very skilled IP experts, whether as practitioners, legal specialists or Judges. Hence, they are certainly well aware of the so-called “enhanced protection” enjoyed by well-known trade marks against junior signs.
The Court of Milan (no. 706/2021) has ruled on the issue concerning the distinctiveness requirement of a trademark and on the possibility that its possible original invalidity for excessive vagueness could be remedied by the acquisition of a secondary meaning, as a result of an intense and highly publicized use of the sign (so-called secondary meaning).
