Protection of the Reputable Trademark “Burberry Check”: Analysis in the Light of the Ruling No. 15568/20 of the Supreme Court of Cassation in Rome

Abstract

The purpose of this study is to analyze the arguments of both the courts and the parties in the case concerning the right to protect the reputable trademark “Burberry Check”. Due to the fact that the case was not of a precedential nature, its outcome would seem obvious. However, the present case, pending before the Italian judiciary, raised many doubts both for the court of first instance and the Court of Appeal. Flaws and inaccuracies in the arguments of the courts led to the ruling of the Supreme Court of Cassation in Rome. The key statement in the justification of this Court’s ruling was the presumption of unconditional protection of a reputable trademark in the European Union. One of the aims of this study is to identify and analyze the doubts faced by the lower courts. By analyzing specific statements cited in individual instances, an attempt was made to indicate inaccuracies in the submitted arguments of the courts and the parties to the case. As the court decisions concern the essential features of a reputable trademark, and the arguments of the parties also raised the issue of trademark degeneration, the study introduces theoretical concepts related to these issues.