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Moon Boot diventano un’opera d’arte. Vanno tutelati

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Il Tribunale di Milano conferma il valore di opera di design del Moon Boot, il celebre dopo sci: non solo il nome, ma anche la forma non è copiabile.

“Due sentenze non fanno giurisprudenza, ma creano un precedente impossibile da ignorare per chiunque pensi ancora di poter copiare la forma del Moon Boot”.

È il commento di Alberto Zanatta, Presidente di Tecnica Group, alla sentenza n. 491 del Tribunale di Milano. Lo scorso 25 gennaio ha ribadito che il celebre dopo sci inventato da Giancarlo Zanatta nel 1969 è un’opera di design industriale.

Quindi, viene protetta dalle norme del diritto d’autore (art. 2 n. 10 comma 1 legge 22 aprile 1941 n. 633).

Questo comporta che sono vietate la riproduzione, l’elaborazione, la distribuzione, la vendita, l’esportazione, la pubblicità e l’acquisto di modelli non autorizzati che riproducono le caratteristiche salienti dei Moon Boot®️.

Una sentenza che consentirà a Tecnica Group di fare causa a chiunque produca o venda prodotti che abbiano tali forme o forme simili, anche online.

La vicenda giudiziaria inizia nel 2013.

ll gruppo trevigiano che realizza e produce attrezzatura per lo sci e calzature da montagna aveva presentato ricorso al Tribunale di Milano per contraffazione e usurpazione dei diritti di sfruttamento economici.

Nonché concorrenza sleale nei confronti di un produttore veneto che riproduceva fedelmente i doposci, in versione low cost, per conto terzi, applicando i marchi dei committenti.

La motivazione della sentenza: “Un prodotto che ha avuto la forza e la capacità di fare evolvere e modificare il gusto di un’intera epoca storica in relazione agli oggetti di uso quotidiano”.

Questi i valori e gli elementi fondanti su cui il Tribunale di Milano ha ritenuto legittimo far rientrare Moon Boot in quella ristretta categoria di prodotti da tutelare.

Opere che – come la lampada Arcos di Castiglioni, la Pantom Chair di Vitra e le opere di Le Corbusier – costituiscono un esempio di come l’industrial design possa portare l’arte intesa come creativa e innovativa interpretazione del mondo all’interno del tessuto socioculturale e del vissuto quotidiano.

Chiara Ferragni ha copiato i Moon Boot: ora dovrà risarcire il gruppo Tecnica

A Chiara Ferragni, moglie del cantante Fedez, non è stato sufficiente aggiungere il famoso logo dell’occhio con le ciglia e qualche brillantino ai propri “Snow boots” per rivendicare una “pretesa autonomia creativa che si ridurrebbe di fatto all’estrosità conferita ai modelli dall’uso del glitter‘”.

Il Tribunale di Milano, infatti, ha determinato che il prodotto realizzato per la Ferragni dalle aziende Mofra Shoes, Diana Srl e Serendipity Srl è del tutto simile all’iconico “Moon Boot” del Gruppo Tecnica di Giavera del Montello.

Chiesto anche il ritiro di tutte le copie in mercato e imposto un risarcimento da parte proprio della Ferragni nei confronti di Tecnica. Ma le cifre (come spesso accade in queste situazioni) sono state poi determinate da un accordo privato tra le parti.

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