By order n.
46868 filed in the Court on 13 November 2014, the Second Criminal Chamber of
the Italian Supreme Court decided, to remit the examination of United Penal
Sections on the following question: "if the introduction on the market of
serial morphological toys, not bearing any brand, constituents the unlawful reproduction
of articles protected by trademark is an offense according to Articles 473 and
474, or in art. 517 of the criminal code".
The case
arose from the introduction into Italian territory of a batch of 21,822 puppets
depicting a counterfeited MGM "Pink
Panther".
On the
merits, the Territorial Court observed that the puppets seized strongly
resemble the character "Pink Panther", which are a specific registered
trademark and, therefore, as such, subject to trademark protection.
The Court
is expected to rule in the next two months.
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