The Supreme Court therefore confirmed that the Bottega trademarks, characterized by the mirrored gold and pink color of the bottles, are valid and that the differences of the competing products, if slight, are such as not to exclude confusion.
The Court of Cassation therefore did not accept the request of third parties to ascertain the absence of counterfeiting. So the word is put to an end to an age-old question.
The Cassation confirmed the reasons of the Bottega Spa winery of Godega Sant'Urbano (TV), confirming that the brands represented by the Bottega Gold and Bottega Rose Gold bottles, in addition to being valid, are characterized by the mirrored color which prevails over other minor elements and the whose use can also open the door to ascertaining the crime of counterfeiting according to criminal law.
So Bottega wins an important battle in the so-called Prosecco war between wineries producing bottles and similar brands, characterized by gold and pink mirroring.
The sentence therefore took note of the distinctiveness of the brands, expressed by the diffusion of the Bottega brand on a global scale to the point that the so-called mirroring of the gold and pink colors have become the emblem of the brands of the Treviso winery.
It is believed that this ruling could also represent an important point of reference for all the other cases in which the company from Bibano di Godega (TV) and other competing wineries are pitted against each other in court for the same reason.
Sandro Bottega, President of Bottega SpA , declares: "I want to remind you that our company has been designing bottles with mirrored colors since 2001, confirming a long and articulated career in which it has always demonstrated maximum originality and extreme innovation, entrepreneurial characteristics which, together with a quality recognized over the years by almost 400 national and international awards, have led us to be one of the most imitated companies in the world in the wine and spirits sector.The validity of the registered trademarks over the years has been recognized in Italy and in Europe by various competent bodies".
