Press release of July 03, 2014
On June 19, 2014, the Milan District Court issued an order (Case 3820/2014), confirming infringement of the well-known LAMBRETTA trademark. Claims for trademark infringement had been asserted, on behalf of the LAMBRETTA Consortium, by BARDEHLE PAGENBERG against various defendants linked to MOTOM Electronics Group Spa, former licensee of LAMBRETTA. In particular, the defendants are G. & L. GESTIONI E LOGISTICA Srl, G. & L. INDUSTRIE Srl, MOTO WORLD Srl (previously named LAMBRETTA WORLD Srl), MOTOLIFE ITALIA Srl, DBM LAMBRETTA INTERNATIONAL Srl and LIFE LONGARI LOMAN Srl. Those companies with different roles commercialised, advertised, imported and distributed scooters and other goods, illicitly carrying the trademark LAMBRETTA.
MOTOM had already been prohibited from using the trademark LAMBRETTA in March 2013 but had kept on doing its illegitimate business through several linked companies. The Court’s injunction is directed against this group of companies which were also unlawfully using the trademark LAMBRETTA. In addition, the Court imposed a penalty in case of continuation of the infringement and ordered the publication of the decision on the top-selling Italian newspaper Il Corriere della Sera.
The Court found that, although not directly addressed by the first Court order against MOTOM, the group of companies somehow connected to MOTOM helped the latter to circumvent the order.
LAMBRETTA Consortium licensed the trademark LAMBRETTA to MOTOM in 2010. After a series of contractual breaches, concerning, amongst others, the quality of the branded products, the sales outside the territory, irregularities in reporting and lack of payment of royalties, LAMBRETTA Consortium obtained an order by the Milan District Court, stopping the use of the brand by MOTOM.
Meanwhile, the latter had organized a system of linked companies (the defendants in these proceedings) which continued commercialising and importing the scooters and other goods bearing the LAMBRETTA trademark into the European Union. The Court found that the defendants are not entitled or authorised to use the brand and, therefore, granted the asserted claims.
The decision is not yet final.
Representative LAMBRETTA Consortium:
BARDEHLE PAGENBERG (Milan):
Niccolò Ferretti (Attorney-at-Law, Partner)
Milan District Court:
Dr. Marina Tavassi (Presiding Judge)