Bottega, the three-dimensional brands: the distinctive features protected by intellectual property

The Court of the European Union, at the Court of Justice in Luxembourg, set a ruling confirming the decision of Euip, the European Union Office for Intellectual Property, which on March 14, 2018, had recognized, even in the second instance, the validity of the three-dimensional trademarks registered by the Treviso company Bottega S.p.A., to protect the distinctive features of the bottles Bottega Gold and Bottega Rose Gold. Specifically, the EU Court of Justice confirms that the shape of the bottle and the mirrored effect of the colors (gold and pink) are elements of the Bottega trademarks, even prevailing over other components, such as the letter B in relief and the flame-shaped label, typical of Bottega wines. The winery and distillery of Bibano di Godega (Treviso) communicate this, pointing out that the decision of the European Union court once again confirms the reasons for protecting the trademark that Bottega places at the base of its claims. Unlike, however, the decision of the Court of Padua, which a few days ago acquitted the managers of the wine company Tombacco di Trebaseleghe (Padua) from the crime of counterfeiting on the assumption that the trademarks of Bottega have as their only distinctive element the letter B, placed in relief on the neck of the bottle. It seems inevitable, at this point, that Bottega will appeal against the judgment of the Court of Padua, “reserving the right to act in civil proceedings since the same Court of Padua has suggested the existence of a possible imitation, not very honorable for the Padua company”.