Ferrero definitively succeeds in protecting its rights on “Tic Tac” shape trade marks in Italy

In a case handled by our Italian IP team some time ago, the Court of Turin first, and subsequently the Court of Appeal of Turin, upheld the validity of Ferrero’s trade marks covering the shape of their well-known “Tic Tac” container and found that the container of “Bliki” mints produced by the Czech company Mocca spol. s.r.o. (hereinafter “Mocca”) infringed Ferrero’s shape trade marks.

By order dated May 11, 2023, the Italian Supreme Court definitively settled the litigation between Ferrero and Mocca: it declared Mocca’s appeal to the Supreme Court to be inadmissible and confirmed the decision of the two lower courts regarding the validity of shape trade marks.

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