Assisted by lawyer Fabia De Bono of Barzanò & Zanardo, Cinecittà S.p.A. took action for counterfeiting against two competitors who had used the figurative sign ‘CINECITTÀ 3’ and carried out a series of unfair competitive practices aimed at creating confusion between the parties to their own advantage.
The judges ascertained the notoriety and distinctiveness of the ‘CINECITTÀ’ trademark and the existence of counterfeiting and anti-competitive behaviour. They declared ‘Cinecittà 3′ null and void, ordered the cancellation of the competitors’ company and domain names, prohibited any further use of the sign and ordered the counterparties to pay €35,000 in damages and reimburse legal costs.
Of particular interest in the judgment is the examination of the trademark’s validity under Article 28 of the Italian Industrial Property Code, which details the criteria for determining the starting date of the five-year period, the level of knowledge of the contested trademark, and the burden of proof. Another notable aspect is the section on the criteria for calculating compensation for intellectual property infringement.
This is a resounding success for the protection of the cultural and commercial identity of the CINECITTÀ trademark in the film industry and beyond.
