This design had been used to justify the production of Vespa-like scooters, which they had also been exhibited at Eicma in 2019 and promptly removed by the competent authorities of the Fair body upon Piaggio’s notification. In fact, every year, on the first opening day of the show, the Pontedera legal team search all the stands looking for copies, whether or not they come from China. In the past there has also been the case of a German company, the Kumpan.
In the last edition, however, two companies – such Motolux is Dayi Motor – had exploited the same design registration, which has been canceled by EUIP since “Unable to elicit a general impression different from the registered design” referring to Vespa Primavera, with respect to which “the common features concern in particular the shape and construction of the handlebar, the steering bar and the footboard”.
In this kind of measures, the key concept is to “Grandfathering.” If someone registers a particular design, no one else must have done it before. And Piaggio had registered that of the Vespa Primavera in 2013 – the Chinese subject registered it on June 14, 2019 – including the three-dimensional mark. To this is added the Copyright which protects the artistic value of the Vespa shape, a style icon since 1946.
The action is part of an extensive anti-counterfeiting activity that the Piaggio Group has been undertaking for years and which provides for the constant monitoring of design databases and registered trademarks internationally. Overall, following the opposition proceedings instituted by Piaggio, there have been over 50 third party registered trademarks in the past two years have been canceled.