Abstract
The aim of this final dissertation is to provide an analysis of the trademark and its fundamental aspects, through the analysis of the judgment I ZR 253/16 delivered by the Bundesgerichtshof (BGH), whose protagonists are the Consorzio Tutela Aceto Balsamico di Modena and the German company of balsamic vinegar Balema. In recent years, the European Union has placed more and more emphasis on the phenomena of the trademark counterfeiting, especially in relation to geographical indications, which are often found in the sights of these phenomena aimed to confuse and deceive the final consumer. For this reason, the European Union has updated and introduced new Regulations with the aim of protecting producers and, in particular, the consumers. The term "balsamico" is at the heart of the decision and the question whether this term can be subject of legal protection or should be considered as a generic term. For this purpose, the GermanEnglish translation of the decision will be provided together with a linguistic analysis of the translation process, which shows how legal translation is based on different criteria in relation to its status of legal text. Then a legal analysis of the decision will be provided, studying its main parts, the previous decisions and focusing on the term "balsamico" alongside with its trademark status.
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