Publication of the Rome Tribunal ruling n.18090/2022 regarding intellectual property
Please note that the Court of Rome, - sec. companies, with sentence no.
18090/2022, deciding on the application proposed by Polo Ralph Lauren and Ralph Lauren
Europe s.r.l. against the Atlantic s.r.l. companies and Kings County s.r.l. and others, concerning
the violation of trademark rights and the complaint of illegitimate importation into space
European economic EEA by the defendants of clothing
exclusively intended for the American market, in violation of the exclusive rights arising
from the brand, it has thus decided:
““- Ascertains and declares the cessation of the matter of dispute between the plaintiffs and the plaintiffs
company Officine dei Bambini S.r.l., Sette S.r.l. and Uomo Italia S.r.l.
- Condemns ATLANTIC s.r.l. to pay the plaintiff €1,286,331.06 separately
KING COUNTY s.r.l. to pay to the plaintiff Euro 1,766,962.10. Interest as per
law.
- in relation to the previous ruling, sentence jointly and severally with ALANTIC e
KINGS COUNTY the following companies to pay the following sums to the party
plaintiff: Agelli snc for Euro 12,213.17, Blu Bay s.r.l. for Euro 94,652.09, Brubacker s.r.l.,
per Euro 94.652,09, Charme Connection s.r.l., per Euro 100.758,67; Family Retail Group
s.r.l., for Euro 82,438.91; Nuova Centolire s.r.l., for Euro 64,119.16; Ded Clothing
s.r.l. for Euro 64,119.16; Cave s.r.l., for Euro 61,065.86; Sbaraglia Fashion Group s.r.l.,
per Euro 21.373,05; Union s.r.l., per Euro 3.053,29; Virginia s.r.l., per Euro 15.266,47;
Gruppo Raffaella s.r.l., for Euro 3,053.29;
- orders the defendants to withdraw from the market and destroy the products as well as
all promotional and advertising material bearing the RALPH LAUREN Trademarks for which it is
cause;
- sets a penalty of €200.00 for each violation or non-compliance found
following the issuing of the sentence and for each day of delay in
execution of the measures issued;
- orders the publication of the provisions of this sentence on the website of
each of the defendants, indicating the details of the dispute and the body
judging
- solid conviction ATLANTIC S.R.L. and KING COUNTY s.r.l. to refound part
plaintiff the litigation costs paid cumulatively in the amount of 28,000 euros of which 3,000 euros for the
introductory phase, 5,000 euros for the study phase, 14,000 euros for the preliminary and
6,000 euros for the decision-making phase. Accessories - fully compensates for remaining expenses
legal between the parties.
- places ATLANTIC s.r.l. entirely at the party's expense and KING COUNTY s.r.l. the
expenses of the ordered expert assessment.
18090/2022, deciding on the application proposed by Polo Ralph Lauren and Ralph Lauren
Europe s.r.l. against the Atlantic s.r.l. companies and Kings County s.r.l. and others, concerning
the violation of trademark rights and the complaint of illegitimate importation into space
European economic EEA by the defendants of clothing
exclusively intended for the American market, in violation of the exclusive rights arising
from the brand, it has thus decided:
““- Ascertains and declares the cessation of the matter of dispute between the plaintiffs and the plaintiffs
company Officine dei Bambini S.r.l., Sette S.r.l. and Uomo Italia S.r.l.
- Condemns ATLANTIC s.r.l. to pay the plaintiff €1,286,331.06 separately
KING COUNTY s.r.l. to pay to the plaintiff Euro 1,766,962.10. Interest as per
law.
- in relation to the previous ruling, sentence jointly and severally with ALANTIC e
KINGS COUNTY the following companies to pay the following sums to the party
plaintiff: Agelli snc for Euro 12,213.17, Blu Bay s.r.l. for Euro 94,652.09, Brubacker s.r.l.,
per Euro 94.652,09, Charme Connection s.r.l., per Euro 100.758,67; Family Retail Group
s.r.l., for Euro 82,438.91; Nuova Centolire s.r.l., for Euro 64,119.16; Ded Clothing
s.r.l. for Euro 64,119.16; Cave s.r.l., for Euro 61,065.86; Sbaraglia Fashion Group s.r.l.,
per Euro 21.373,05; Union s.r.l., per Euro 3.053,29; Virginia s.r.l., per Euro 15.266,47;
Gruppo Raffaella s.r.l., for Euro 3,053.29;
- orders the defendants to withdraw from the market and destroy the products as well as
all promotional and advertising material bearing the RALPH LAUREN Trademarks for which it is
cause;
- sets a penalty of €200.00 for each violation or non-compliance found
following the issuing of the sentence and for each day of delay in
execution of the measures issued;
- orders the publication of the provisions of this sentence on the website of
each of the defendants, indicating the details of the dispute and the body
judging
- solid conviction ATLANTIC S.R.L. and KING COUNTY s.r.l. to refound part
plaintiff the litigation costs paid cumulatively in the amount of 28,000 euros of which 3,000 euros for the
introductory phase, 5,000 euros for the study phase, 14,000 euros for the preliminary and
6,000 euros for the decision-making phase. Accessories - fully compensates for remaining expenses
legal between the parties.
- places ATLANTIC s.r.l. entirely at the party's expense and KING COUNTY s.r.l. the
expenses of the ordered expert assessment.
