Another kind of Italian beauty contest: Kiko v Wycon

The Court of Appeal of Milan decided in April this year on a design case which is quite special in its own right in that this was a case where it had to be decided whether there was an infringement of a concept store design.Kiko and Wycon are both cosmetic products retailers. Since 2009, Kiko has been accusing Wycon (previously known as Wjcon) of copying its concept stores before the Courts of Rome and Milan but, on those occasions, unsuccessfully. Again in 2013, Kiko decided to bring suit against Wycon in Milan for infringement of Article 2598 (unfair competition) of the Italian Civil Code and Article 2(5) of the Law on Copyright (Legge sul diritto d’autore L 633/1941).The Court backed Kiko's claims at first instance (decision No 11416/2015) and now also on appeal (decision No 1543/2018).First of all, the IPKat wishes to thank Mr Fabio Ghiretti, one of the lawyers who acted for KIKO, for providing the text of decision. FactsIn order to stand out from the…

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