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Rejected the request to prohibit the use of the same de facto trademark, if there is no confusion

The sentence of the Court of Turin of 22 April 2016 concluded that it is not possible to protect a de facto trademark if, notwithstanding the identity of the signs used by two entrepreneurs, consumers can identify the different origins of the products.
The case was brought by an entrepreneur who said they use the brand to distinguish their wines since the 70s. Claiming that the defendant company marketed wines with his own brand, the plaintiff has asked the court to prohibit the use of the distinctive sign to the defendant. Which, for its part, has tried to use the beginning of the 90s the disputed mark.
The sentence points out that according to Article 2598 of the Civil Code the holder of that mark can inhibit any other use of the same sign only if it is likely to lead to confusion.
In this case, the two companies have marketed "distinctly different wines by price range and target market" and the use of the same sign by the two companies does not create a risk of confusion© Jan 24 2017

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