Copyright also applies to the design of jewelery or the use of a trademark. This is the novelty resulting from two lawsuits which had as protagonists the design of the jewels of the Austrian house Freywille and the well-known Lambretta brand used for the Lambretta Cafés scattered throughout Italy. The Nunziante Magrone law firm – also specialized in the protection of intellectual property – brought home the result.
It all started with the battle waged by Freywille, a house founded in 1951 by the artist Michaela Frey, known for the production of jewelry and accessories decorated in enamel and her collections inspired by the works of famous painters, which issued a lawsuit against a company Chinese who duplicated the designs.
The Court of Rome intervened with a sentence that recognizes the authenticity of the creations of Freywille Gmbh subjecting them to the protection of copyright and inhibited the production, distribution, marketing and advertising of creations bearing designs similar to those produced in Vienna.
"We managed to get the designs depicted on the original bracelets to obtain the protection reserved for copyright works", explained the lawyer Niccolò Ferretti, partner of the Nunziante Magrone law firm. The judge acknowledged the request made by the Austrian manufacturer and any future violations, if any, will be sanctioned with penalties.
The story linked to the “Lambretta” brand is similar. In this case the Court of Florence intervened and prevented the Tuscan businesswoman who had registered the Lambretta Cafè brand without authorization from using it further, both in her bar chains around Italy in Grosseto, Siena and Florence, for the 'Europe and the States, both online. Also in this case, adequate penalties have been established for the improper use of the trademark.
