Vespa’s shape has an “iconic character” that differentiates it around the world and therefore represents a brand that must be protected from attempts at imitation. This was determined by the European Union Court, which ruled in Piaggio’s favor after a long legal battle in which Piaggio faced off against Chinese giant Zhejiang Zhongneng industry group (Znen).
It all started in 2013, when the Italian company decided to protect its historic motorcycle from possible imitations and applied to the European Union Intellectual Property Office (Euipo) for registration of the “three-dimensional mark corresponding to the shape of the scooter Wasp”. “. The request was accepted, and in 2014 the shape of Vespa became a protected trademark for products “scooters” and “scaled-down scooter models”. The Chinese from Znen targeted the Italian market by purchasing Moto Morini of Bologna in 2018. is not willing to cancel the trademark and is objecting.
In 2021, Euipo agreed with the Chinese and canceled the registration of the trademark, claiming that the “distinctive character of the Vespa’s shape has not been proven”. However, Piaggio does not give up and appeals to the EU Court. Today, the decision of the Luxembourg judges overturning Euipo’s decision was considered an “error of evaluation”. According to the EU Court, “the evidence demonstrates the distinctive character achieved by the use of the (Vespa) trademark throughout the Union”. The judges explained that a registered EU trademark “cannot be declared invalid if it has acquired a distinctive character after registration due to its use”. Piaggio presented Euipo with various relevant evidence, such as opinion polls, sales volume data, the presence of Vespa in New York’s Museum of Modern Art, the use of Vespa scooters in worldwide famous films such as ‘Roma’. holidays and even the existence of Vespa clubs in many Member States. “These elements demonstrate the iconic character of the historic Italian scooter” and “therefore its global recognizability throughout the Union,” the jury concluded. Therefore Vespa cannot be imitated.
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Source: Today IT
Karen Clayton is a seasoned journalist and author at The Nation Update, with a focus on world news and current events. She has a background in international relations, which gives her a deep understanding of the political, economic and social factors that shape the global landscape. She writes about a wide range of topics, including conflicts, political upheavals, and economic trends, as well as humanitarian crisis and human rights issues.
