Trademarks, Brands, Patents, Designs, Made in Italy, Copyrights, Competition Law, Contracts and Enforcement

12 ottobre 2009

Valentino Rossi and spaghetti with truffle, the new winning recipe

Lorenzo Litta

Valentino Rossi loves to fight and loves to win. Sometimes he runs too fast. Maybe this is the reason why the Law Firm, which is assisting the MotoGP World Champion in the enforcement of its IPRs, sent a cease and desist letter to the organization committee of the Fiera del Tartufo (Truffle Fair) of Sant'Angelo in Vado, a small town close to Pesaro. According to Valentino Rossi's lawyers, the Fair has to stop using the number 46 - the number used by Valentino Rossi - notwithstanding this year's Truffle Fair is the 46th edition organized in Sant'Angelo in Vado.

It is clear that the yellow logo used to promote the Fair is considered by Dr. Rossi too similar to his registered mark, so that he asked the town to change the edition of the Fair. Of course for users that are not familiar with Intellectual Property, as the Major of the town is, this is an absurd request. In fact he replied that probably they should call this year's edition as the 45th plus one or the 47th minus one!

The Major, who is probably also a fan of Rossi, added that he believes that Valentino was not aware of this case, in fact he allegedly reached an agreement with the father of Valentino, Graziano Rossi, but the la
wyers informed him that the father's opinion was not important, since he can't decide on trademark issues.

Furthermore the Major said that he will continue using the logo until the 1st of November and notwithstanding this fact, he believes that Rossi will continue winning. It's not the first time that the famous c
hampion is involved in strange cases with Law. Last time concerned a misunderstanding on taxes to be paid between UK and Italy. Maybe this time he had even a worse advertisement.

I'm pretty sure that anyone wil go to the Fair because of the number 46!
However, this case is useful to show how in Italy there is confusion on fair use of a trademark.

I would say that Valentino lost an opportunity to be even more loved by his fans.

I would suggest him to win the next race, advertising the small town of
Sant'Angelo in Vado on his suit, and to go to the Fair and have a nice plate of Spaghetti with Truffle!

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