P.Q.M.

The Court, having dismissed or absorbed any opposing or further claims, applications and objections, hereby, definitively ruling in adversarial proceedings, orders as follows:

A. It upholds the appeal lodged by Ing. Polin e C. S.p.A. against the judgment of the Milan Court, No. 8162, issued on 21 March 2024 and published on 20 September 2024 and, reforming said judgment:

1. ascertains that the conduct of Moretti Forni S.p.A., consisting in the use of the expression “Il calore è un ingrediente” and its variants and translations, constitutes an act of unfair competition pursuant to Article 2598 No. 3 of the Italian Civil Code;

2. declares the invalidity of the respondent’s trade mark No. 302017000145832 “IL CALORE È UN INGREDIENTE ®” pursuant to Articles 7, 13 and 25 (1)(b) of the Italian Industrial Property Code;

3. orders Moretti Forni S.p.A. to pay Ing. Polin e C. S.p.A., by way of damages, the sum of EUR 20,000.00, plus statutory interest at the rate referred to in Article 1284(4) of the Italian Civil Code from 9 April 2020 until payment in full;

4. enjoins Moretti Forni S.p.A. from using, in any form whatsoever, the expressions: “Il calore è un ingrediente. Per un risultato perfetto deve essere di ottima qualità”; “Heat is an ingredient. For a perfect result, it needs to be of the utmost quality”; “Il calore è un ingrediente”; “Heat is an ingredient” and any equivalent expression or variant;

5. orders Moretti Forni S.p.A. to proceed, within thirty days of service of this judgment:
a) with the withdrawal from the market and destruction, at its own expense, of all materials – whether printed, digital or of any other nature – bearing the expressions referred to above;
b) with the publication of the operative part of this judgment, in Italian and English:
· in the specialist magazines Pasticceria Internazionale and Italian Food & Beverage Technology, on one occasion only, on two columns and in characters double the normal size, at the care and expense of Moretti Forni S.p.A., without prejudice to the appellant’s right to proceed itself in the event of incomplete or late compliance by the respondent, and to recover the costs from the latter upon mere submission of the invoice;
· on the respondent’s website for a period of thirty days from the date of service of the judgment;

6. sets, to the charge of Moretti Forni S.p.A., by way of a penalty, the sum of EUR 5,000.00 for each day of delay and EUR 1,000.00 for each breach of the orders contained in paragraphs 4 and 5(a) and (b) above, established after 30 days from service of this judgment;

B. It orders the respondent to reimburse the appellant for the costs of both instances of the proceedings, which it assesses at a total of EUR 21,974.00, plus a flat-rate reimbursement of 15%, VAT and CPA as provided by law;

C. It instructs the Clerk’s Office to make the necessary notifications to the Italian Patent and Trade Mark Office.

Milan, 15 October 2025

The presiding judge (ext.)
Domenico Bonaretti