Trademark assignment agreement and counterfeiting

trademark assignment agreement and counterfeiting
With regard to the trademark assignment agreement and counterfeiting, we propose highly controversial case concerning the trademark Love Therapy by Elio Fiorucci. Let’s find out why.
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Breach of contract for single-brand shop

breach of contrract: confectionary products case
Can a franchisee single-brand shop sell products bearing trademarks of other owners? Let’s see this case.
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Trademark License Agreement

Trademark License Agreement
When a trademark is licensed, there are several options: exclusive, non-exclusive and territorially limited. Let’s see them in details!
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Trademark Assignment

trademark assignment
The assignment of a trademark is the subject of article 23 of the Italian Industrial Property Code, which provides that: “a trademark may be assigned in respect of all or part of the products or services for which it is registered”. Let’s see more in detail.
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Trademark coexistence agreements

Trademark coexistence agreements are particular type of contracts, frequently used to settle the relationships between the holders of identical or similar trademarks. Article 20 of the Italian Industrial property Code forbids third parties the use of “signs which are identical or similar to a registered trademark for identical or similar goods or ser-vices” and forbids the use of “identical or similar signs for goods or services which are not similar whether the registered trademark enjoys in the State of renown” unless there is the consent of the owner of the registered trademark. The proprietor of the mark, therefore, may allow the coexistence on the market of trademarks which are potentially confusable with its own, provided that there is not a risk of misleading the pub-lic: an insurmountable limit must be seen in the ban of deceiving public, as stated in the Article 21, paragraph 2 of the Italian Industrial Property Code, according to which: “it is not permitted to use the trademark in a manner contrary to law or, in particular, so as to create a likelihood of confusion in the market with other signs ... or to induce, however, mislead the public”. Examples of trademark coexistence agreements Co-existence agreements are characterized by a large variety of content, but they are intended to govern the relationships between the owners of trademarks and to avoid the risk of deception to the public. Some examples of provisions you can find in a co-existence agreement are the fol-lowing: • Clauses of limitation regarding the use and registration of trademarks in some classes or with re-gard to some products / services. It is generally the proprietor of the later mark to undertake not to use/register its trademark for some goods and/or services, but there may be cases of undertaking by both parties of the contract. One of the most famous cases of trademark coexistence agreement was the agreement between Apple Crops and Apple Inc. The first owned by the Beatles, the famous British musical band, the second owned by Steve Jobs, owner of one of the most famous companies in the world of com-puters and more. The agreement provided that Apple Corps would have tolerated the presence of Apple incorporation’s brand on condition that this latter will never enter in the music industry. But then Itunes and Ipod were born. In this article you can find the whole story: http://tg24.sky.it/economia/2010/11/16/apple_vs_apple.html • Clause of limitation on the territory: for example, the owner of the mark
Trademark coexistence agreements are used to regulate the relationship between the owners of identical or similar trademarks in order to avoid the risk of the deception of the public. Let’s see the most common types of agreements.
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