Appeal Court Of Milan 1 December
2000
President Dr. Vincenzo Serianni , Drafter Dr. Irene Formaggia – Anheuser-Busch ( attorneys Prof. Adriano Vanzetti, Prof. Luigi Mansani, Elisabetta Gavuzzi ) vs Budejovicky Budvar narodni podnik ( attorneys Carlo Fiammenghi, Alessandro Fiammenghi, Eva Fiammenghi, Carlo Maria Von Berger )
Advertising undoubtedly endows a mark with renown and concretises its prior use such as to rule out the novelty of a subsequent trademark, public knowledge of the mark and the product bearing said mark being important for this purpose .
Under Art. 6bis of the Paris Convention, the fact that a mark is well-known because it is widely used and has gained a reputation abroad rules out the novelty of a subsequent mark liable to create confusion even should the mark not be used in the State of the later mark .
