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EU backs Bottega over protection claims

Published:  21 May, 2019

The Court of the European Union has backed the decision made by the EUIPO recognising the validity of the three-dimensional marks registered by Bottega to protect the distinctive features of its Bottega Gold and Bottega Rose Gold bottles.

The EU Court confirmed that the shape of the bottle and the mirrored effect of the gold and pink colours are undeniably elements of the Bottega marks, which even prevail over other components, such as the letter B in relief and the flame-shaped label used on Bottega wines.

However, the Court of Padua absolved the managers of the Tombacco wine-making company of Trebaseleghe (Padua) from counterfeiting charges brought against them on the basis that the only distinctive element of the Bottega marks is the letter “B”, placed in relief on the neck of the bottle.

Bottega had requested that the Court of Padua used the EU Court judgement to help guide and motivate its decision, but this was rejected by the Paduan judge.

Bottega plans to appeal against the judgement given by the Court of Padua, and has reserved the right to also bring a civil suit.

The first Bottega trial by the EUIPO, which is responsible for managing the EU trademark and the registered community design, took place in 2017. A second trial in April saw the EUIPO confirm the validity of its registered three-dimensional trademarks.

At the time, Bottega MD and owner, Sandro Bottega, said: ”My company has been protecting its brands from imitations for over 30 years and I hope that our legal achievement will represent a warning to criminals and will help limit the undue appropriation of other people’s ideas and patents.”