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The small Comasca company that wins the case against Ferrari

It took many years but finally the word has been put to an end in the cause that involved the small Comasca model company, Brumm Snc and none other than Ferrari Spa.

In fact, the Maranello car manufacturer had sued the small Como model company accusing it of violating industrial property rights and copyrights: in fact, Ferrari would not have liked that the company affixed their logo to the reds. in miniature. After a long process, as the ModenaToday colleagues report, Brumm Snc announced the victory in the last degree: “We were (and are) right, since 1996!”

The judicial affair

The Court of Modena in the first instance in 2016 had ruled noting that the production and marketing of Ferrari models by Brumm did not constitute any of the alleged violations and sentencing Ferrari to pay compensation of 20 thousand euros in damages.

The Court of Appeal of Bologna, in the second instance, had substantially confirmed the Modena sentence; also partially accepting the cross appeal proposed by Brumm and condemning Ferrari to pay an additional € 25,923.52 in favor of the defendant.

The sentence

However, Ferrari filed an appeal again against this ruling, this time with the Supreme Court. The First Civil Section of the Court of Cassation chaired by the Judge Dr. Carlo de Chiara dismantled point by point every reason placed at the basis of the appeal of the redhead, which was therefore rejected.

In fact, according to the Supreme Court judges, the Court of Appeal was right in saying that the application of the Prancing Horse on the models had not caused any damage to the team, on the contrary, on the contrary, it had in a certain sense “benefited” by exposing some of the miniatures at the museum of Maranello. Furthermore, as claimed by the judges of the second degree, since the cars did not have “artistic value” but “having been designed for the sole purpose of winning sports competitions”, not even a copyright infringement could be identified.

The Supreme Court has also ruled out the possibility – requested by Ferrari – of a preliminary reference to the Court of Justice of the European Union: the latter, in fact, can only be called upon to rule when the question of law to be resolved is new and of complex interpretation. . But the new question was not: the same knots had been resolved by the European judge in a sentence, on the level of law, identical to this one.

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