Horses vs. Horses

The Commercial Division of the Court of Catania has ordered Roberto Cavalli to pay the court costs in the case against Ms. Luciana Cavalli, a Sicilian artisan and shoe manufacturer.

Six years ago, the well-known Florentine fashion designer sued the woman of the same name for improper use of the “Cavalli” trademark. It does not matter, in fact, that the Sicilian artisan’s real name is Cavalli and that her brand predates Mr. Roberto’s; for the designer, the surname is being used improperly, and this constitutes a case of unfair competition.

In fact, Roberto Cavalli has asked the court to determine the financial damages he has suffered and to award him compensation in the amount of 10,000 euros for each day the trademark was used improperly, pursuant to Article 2600 of the Civil Code.

However, the court dismissed the plaintiff’s claims and, as Ms. Cavalli’s attorney explains, recognized the shoe and accessory manufacturer’s good faith and consistent use of the Cavalli trademark.

The company, therefore, will not have to withdraw its name from the market and will be able to continue producing Italian-made leather goods.

The Sicilian ruling stands in stark contrast to the May 2016 decision by the Court of Cassation in the Fiorucci case. In that case, the judges ruled that the designer’s use of the “Love Therapy by Elio Fiorucci” trademark was unlawful, since he had previously sold the “Fiorucci” trademark to a Japanese group. In that case, therefore, it was ruled that the use of the name—even if one’s own—is not lawful if it constitutes a patronymic trademark owned by a third party. It may in fact happen, the Court explained, that a connection effect is created and that this, by causing confusion, interferes with the more famous trademark.