Italian Supreme Court on the iconic Vespa design: is it “too artistic” to be a trade mark?

Written By

andrea vantini Module
Andrea Vantini

Associate
Italy

I am a lawyer in our Intellectual Property department at the Milan office, mainly dealing with patents, trademarks, designs, copyright, and assisting our clients in national and cross-border litigations.

On November 28, 2023 the Italian Supreme Court issued a key decision about the iconic Vespa design. In doing so, the Court considered whether a design that was also covered by copyright, was precluded from registration as a 3D trade mark. According to the Court, if the shape of the product has artistic value under copyright law, it usually has substantial value under trademark law and, therefore, it cannot be registered as a 3D trade mark.

Latest insights

More Insights
featured image

Patent litigation in Practice Series: How the Finnish principle of openness in governmental activities affects patent enforcement measures

5 minutes Jun 24 2025

Read More
featured image

Enforcement securities at the UPC - an exception not the rule

2 minutes Jun 24 2025

Read More
Curiosity line yellow background

SG Trade Marks Fast Programme: Accelerated Examination for Local Applications in Singapore (Practical Implications for Brand Owners)

3 minutes Jun 20 2025

Read More