The Naples Court rules on a hamburger trademark.

Naples may be the capital of pizza, but the specialized division of the Campania regional court was recently called upon to rule on a hamburger trademark and the distinctive character of the word "Ham," which identifies a sandwich franchise. The plaintiff, owner of the "Ham Holy Burger" trademark and the corresponding domain name, challenged a competitor's use of the "Ham" trademark for the sale of meat through the website "ham-burger.it."

The defendant argued that the sign was the subject of its trademark application and that the "Ham Holy Burger" trademark was descriptive and therefore weak, and, in any case, that there was no likelihood of confusion between the signs. The Court held that the word "Ham" is widely known among the general Italian public—even among those unfamiliar with the English language—as it forms the first part of the word "hamburger," a term commonly used in Italian to indicate a pressed beef patty. In other words, the term "ham," for most consumers, would not so much refer to a cut of pork (for those who speak English) as to a hamburger. Therefore, the "Ham Holy Burger" trademark cannot be denied protection.