ACOBACCI VINCE LA DISFIDA DELLA GRAPPA PER DISTILLERIE SARI
Semaforo verde all’utilizzo della denominazione “Grappa di Franciacorta” per i prodotti della Distillerie Sari di Gussago (Brescia).
Non si è trattato di una gara di qualità svoltasi davanti ad un sommelier, ma di una vera e propria controversia giudiziaria quella che ha visto contrapposte la Distillerie Franciacorta S.p.A. (assistita dagli avvocati Cesare Galli, Caterina Paschi e Mariangela Bogna) e la Distillerie Sari di Saleri Riccardo & C. s.a.s. (assistita dagli avvocati Marco Francetti ed Eleonora Ortaglio, rispettivamente partner ed associate dello studio Legale Jacobacci & Associati).
Teatro dello scontro il Tribunale di Milano, davanti al quale la Distillerie Franciacorta ha convenuto in via di urgenza la Sari nel tentativo di proibirle l’uso della denominazione “Grappa di Franciacorta” sulla base delle proprie registrazioni di marchio “Franciacorta” e “Distillerie Franciacorta”.
Forte di tali registrazioni e di precedenti accordi stipulati con altre distillerie della zona che avevano acconsentito, in via transattiva, a non utilizzare più il nome “Franciacorta” per contrassegnare grappe prodotte con uve provenienti dall’omonima zona, la Distillerie Franciacorta ha appunto chiesto al Tribunale di inibire anche a Sari l’uso di tale denominazione.
Sari si è difesa sostenendo l’inappropriabilità di una indicazione geografica quale “Franciacorta” a titolo di marchio, e sostenendo nel contempo che tale indicazione, evidentemente funzionale ad indicare la provenienza della materia prima con cui le grappe oggetto di causa vengono realizzate, non può essere utilizzata in via esclusiva da un solo operatore del settore.
Tale linea difensiva è stata condivisa dal Giudice milanese, il quale ha affermato che il nome geografico “Franciacorta” non può essere oggetto di monopolio a favore di un solo operatore della zona, stante la sua evidente natura descrittiva, in particolare in un settore come quello vitivinicolo in cui la qualità della materia prima riveste un ruolo determinante, indipendentemente dal suo utilizzo per la produzione di vini o grappe, in cui l’uva gioca evidentemente un ruolo determinante.
Tale decisione è stata confermata anche dal giudice di seconda istanza a seguito del reclamo promosso da Distillerie Franciacorta, con la conseguenza che Distillerie Sari può proseguire indisturbata ad utilizzare la denominazione “Franciacorta” per la produzione di grappe realizzate con uve provenienti dal noto distretto vitivinicolo bresciano.
da: toplegal.it
Semaforo verde all’utilizzo della denominazione “Grappa di Franciacorta” per i prodotti della Distillerie Sari di Gussago (Brescia).Non si è trattato di una gara di qualità svoltasi davanti ad un sommelier, ma di una vera e propria controversia giudiziaria quella che ha visto contrapposte la Distillerie Franciacorta S.p.A. (assistita dagli avvocati Cesare Galli, Caterina Paschi e Mariangela Bogna) e la Distillerie Sari di Saleri Riccardo & C. s.a.s. (assistita dagli avvocati Marco Francetti ed Eleonora Ortaglio, rispettivamente partner ed associate dello studio Legale Jacobacci & Associati).
Teatro dello scontro il Tribunale di Milano, davanti al quale la Distillerie Franciacorta ha convenuto in via di urgenza la Sari nel tentativo di proibirle l’uso della denominazione “Grappa di Franciacorta” sulla base delle proprie registrazioni di marchio “Franciacorta” e “Distillerie Franciacorta”.
Forte di tali registrazioni e di precedenti accordi stipulati con altre distillerie della zona che avevano acconsentito, in via transattiva, a non utilizzare più il nome “Franciacorta” per contrassegnare grappe prodotte con uve provenienti dall’omonima zona, la Distillerie Franciacorta ha appunto chiesto al Tribunale di inibire anche a Sari l’uso di tale denominazione.
Sari si è difesa sostenendo l’inappropriabilità di una indicazione geografica quale “Franciacorta” a titolo di marchio, e sostenendo nel contempo che tale indicazione, evidentemente funzionale ad indicare la provenienza della materia prima con cui le grappe oggetto di causa vengono realizzate, non può essere utilizzata in via esclusiva da un solo operatore del settore.
Tale linea difensiva è stata condivisa dal Giudice milanese, il quale ha affermato che il nome geografico “Franciacorta” non può essere oggetto di monopolio a favore di un solo operatore della zona, stante la sua evidente natura descrittiva, in particolare in un settore come quello vitivinicolo in cui la qualità della materia prima riveste un ruolo determinante, indipendentemente dal suo utilizzo per la produzione di vini o grappe, in cui l’uva gioca evidentemente un ruolo determinante.
Tale decisione è stata confermata anche dal giudice di seconda istanza a seguito del reclamo promosso da Distillerie Franciacorta, con la conseguenza che Distillerie Sari può proseguire indisturbata ad utilizzare la denominazione “Franciacorta” per la produzione di grappe realizzate con uve provenienti dal noto distretto vitivinicolo bresciano.
da: toplegal.it
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