Court of Genoa on the use of a well-known trademark on social network

The Company law Division of the Court of Genoa has ruled on the Instagram use of the well-known brand Ferrari by a fashion designer and influencer.

Posting pictures of fashion shoes in prominent association with another well-known trademark (the Ferrari trademark) constitutes infringement under articles 9(2)(c) EUTMR and 20(1)(c) Italian IP Code, lacking prior authorization by the trademark owner.

The fact that the influencer owns the luxury car is no justification as long as the picture is clearly aimed at advertising products rather than describing the influencer’s daily life.