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Twenty-year saga: Jägermeister vs. Unicum. Devices included in a complex trademark may be independently protected

In a twenty-year-old - and ongoing - case followed by Studio Legale Jacobacci & Associates, the Italian Supreme Court determined that 1) it is possible to bring an action against the same trademark in two separate cases, and 2) when it comes to demonstrating the infringement of complex marks establishing the imitation of the figurative element of the trademark is sufficient, even if the word element of the trademark is well-known and the infringer used the same figurative element with a completely different word. We publish the article written by Massimo Introvigne and published on the English web-based legal forum "Lexology".

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