The Criminal Court of Appeal of Venice, with ruling no. 4575/24 of 12/19/2024, reconfirmed the validity of the three-dimensional and de facto trademarks on the Gold, Rose Gold and White Gold mirrored bottles of Bottega SpA and used by the same since 2002, substantially confirming what had already been established by the decisions of the EUIPO and the Court of Justice of the EU regarding the trademarks on the Gold and Rose Gold mirrored bottles; on the other hand, it confirmed the details of the counterfeiting by the legal representative of Ca' di Rajo, sentencing him to pay damages and legal and procedural costs. However, the crime was declared extinct due to the statute of limitations.
According to the Criminal Court of Appeal of Venice, Ca' di Rajo reproduced and copied the distinctive and dominant elements of the aforementioned trademarks, such as the gold, pink and silver colours, the mirror finish, the shape of the bottle and even the letter B, imitated from the Greek epsilon.
With regard to Ca' di Rajo, the decision of the Criminal Court of Appeal of Venice is in line with the previous ruling no. 21095/23 of 19.07.2023 with which the Court of Cassation had declared the request for a negative finding of counterfeiting unfounded, finding that the gold and pink color and the mirror finish constituted the heart of Bottega's trademarks and that the differences in the accessory elements were not sufficient to distinguish the trademarks, as perceived by the average consumer.
Therefore Bottega, assisted by the lawyer Raimondo Galli of Milan, wins another important battle in the numerous Prosecco disputes between wineries producing bottles and similar brands, characterized by the gold, pink and silver mirroring.
In 2022, the Criminal Court of Imperia also ruled on similar facts against the local manufacturing company Liquid Gold, whose legal representative was sentenced to 18 months in prison and to pay Bottega the sum of EUR 10,000 in provisional compensation, in addition to legal costs, for the crime of receiving stolen goods, possession and sale of products with counterfeit signs, following a complaint filed by Bottega SpA to protect its brands. For the same facts, the Court of Appeal of Milan recently acquitted the metallizer of Molteni bottles in Barzago and the companies Vinicola Tombacco in Trebaseleghe and San Simone di Brisotto in Pordenone, both suppliers of wine and bottlers on behalf of Liquid Gold, from the charge of counterfeiting, now on the verge of the statute of limitations.
In recent days, Bottega SpA has won another action before the Court of Appeal of Milan against the company Morando, which had reproduced other trademarks of Bottega SpA. In this case, the legal representative of Morando SpA had been sentenced in the first instance by the Court of Varese to 8 months of imprisonment and a fine of 10,000 EUR and to pay Bottega a provisional sum of 50,000 EUR, in addition to legal costs. The Court of Appeal of Milan has now confirmed the first instance sentence, except for the statute of limitations of the crime.
Ultimately, a series of victories that confirm the validity of the Bottega SpA trademarks and that guarantees Bottega SpA and all its workers and employees to obtain respect for intellectual property in the future. Now the battles will move to the international level where there are also French, German and Spanish groups that have violated the Bottega SpA trademarks
Sandro Bottega, President of Bottega SpA, states: "I would like to point out that our company has been designing bottles with mirrored colors since 2002, confirming a long and varied career in which it has always demonstrated maximum originality and extreme innovation, entrepreneurial characteristics that, together with a quality recognized over the years by over 500 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 and de facto trademarks over the years has been recognized in Italy and Europe by various competent bodies."
