NCTM assists Ferrari in its victory against counterfeiters

NCTM Studio Legale Associato, with the support of German law firm Rospatt Osten Pross, has successfully assisted Ferrari in the litigation case brought before the Regional Court of Düsseldorf against the primary German retailer KiK.

The prominent distribution chain had sold model toys of red Formula 1 cars, reproducing a trademark that could be easily mistaken for the famous ‘Prancing Horse’ logo, the historic symbol of the Maranello-based Italian company.

The German court held that the reproduction, on a red racing car toy, of a sign consisting of the graphic representation of a black animal in a dynamic pose inside a yellow shield, constitutes an infringement of the Ferrari logo, especially when such placement and characterisation were intended to capitalise on Ferrari’s reputation.

The decision, particularly favourable to companies with highly recognisable brands and trademarks, assumes particular importance in the context of previous German and EU case law, starting from the precedent set by the landmark Opel v Autec ruling of the European Court of Justice.

NCTM assisted Ferrari with a team comprising Sante Ricci (equity partner), Gianluca Massimei (salary partner) and Luca Guidobaldi (associate).

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