Gulliksson has represented Consorzio per la Tutela del Vini Valpolicella in two significant trademark opposition matters against the Wine Team Global AB in the Swedish Patent and Market Court of Appeal (PMÖD). The Consorzio represents growers, winemakers and bottlers in Valpolicella, Italy, and safeguards and protects the values and interests in Valpoliciella wines including the renowned wines Amarone, Ripasso and Recioto.
In decisions issued on 5 July 2024 (PMÄ 8393-23 and PMÄ 8391-23) the court ruled that two shape trademark registrations (No. 608333 and No. 614959) featuring the wording CASA MARRONE and CASA MARRONE APPASSIMENTO, registered in relation to wine and sparkling wine, conflict with the protected designation of origin AMARONE DELLA VALPOLICELLA:
The court confirmed the rulings of the Swedish Intellectual Property Office (PRV) and the Swedish Patent and Market Court (PMD) which both determined that the trademark registrations evoked the protected designation of origin AMARONE DELLA VALPOLICELLA. It is i.a. concluded that the image triggered in the average consumer’s mind when confronted with the trademark registrations is that of a genuine Amarone wine. Therefore, the registrations will be revoked, and the decisions are final.
Responsible lawyer at Gulliksson was senior associate Erik Esaiasson, assisted by associate Alice Frost.
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