TRADEMARK | Italian Patent and Trademark Office grants patronymic trademark “ELETTRA LAMBORGHINI”

On 16 April 2024, the Board of Appeal of the Italian Patent and Trademark Office (UIBM) rejected the opposition filed by the car manufacturer Lamborghini S.p.A. against the application for the sign “ELETTRA LAMBORGHINI” filed by an influencer called Elettra Lamborghini. The Office assessed that Ms. Elettra Lamborghini’s name has acquired a reputation which is independent of the reputation of the renowned Lamborghini company, hence her name is granted enhanced protection according to Italian law. Moreover, the use of the trademark “ELETTRA LAMBORGHINI” is not likely to take advantage of the reputation of the “LAMBORGHINI” trademarks, but qualifies instead as a lawful commercial exploitation of the separate and independent reputation of her own name.

Newsletter n. 98 – July 2024