BIG MAMMA and LIBERTINO, companies operating an Italian restaurant under the name LIBERTINO, sued company B, which operates a restaurant under the name LIBERTO.
In addition to claims of trademark infringement, the BIG MAMMA group accused the LIBERTO restaurant of copying elements of its visual identity, the same business model, and almost identical aesthetic codes. These codes reportedly consisted of a combination of bottle-covered walls and a flowery interior.
While the court ruled in its favour on the trademark infringement aspect, finding that the signs LIBERTINO and LIBERTO were sufficiently similar to cause confusion in the minds of the public, the allegations of unfair competition and parasitism were dismissed.
It was established that the BIG MAMMA group’s restaurants have distinct decorations, but they cannot be attributed to a specific, consistent, and well-known visual identity.
Furthermore, floral elements and bottles are found in many restaurants and cannot be appropriated without unjustifiably infringing on freedom of trade.
In addition, the adoption of the BIG MAMMA concept, namely a group of Italian restaurants run by young teams and offering fresh products, does not constitute an act of parasitism.
Paris Court of Justice – 8 October 2025
