The protection of Harmont & Blaine’s dachshund in a recent decision of the Milan Court of First Instance

Luca Grippiotti

Journal of Intellectual Property Law and Practice, 2022, vol. 17, issue 4, 333-335

Abstract: The Milan Court of First Instance ruled in favour of Harmont & Blaine (H&B) and its stylized logo trade marks of a dachshund depicted in profile, in the context of non-infringement proceedings brought by Thom Browne Inc and Thom Browne Retail Italy Srl (also TB and TBRI) against H&B. TB and TBRI were using several stylized dachshunds in profile as distinctive sign arguing that they were different from H&B’s dachshund and also stating that the image of such a dachshund could not be, in any case, monopolized. The court recognized the similarity between H&B’s trade marks and TB and TBRI’s logos since they were reproducing the H&B trade mark’s core, ie the stylized logo of a dachshund.

Date: 2022
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