The legal battle against “Hugo boss”, The “boss of the sandwiches” wins!
Victory for ‘The Boss of the Bakeries’: Defeated the Colossus Hugo Boss in Legal Battle on the Brand
Let’s put the word END to a long legal contest that saw “Il Boss dei Panini” triumph, an Italian sandwich shop, on the world fashion giant Hugo Boss. Duration for nine years, the battle focused on the registration of the trademark by a small restaurant business, contrasted with determination by the famous German fashion house. The situation turns into a classic challenge similar to that between Davide and Goliath, in which the determination of a small entrepreneur has triumphed over the resources of a large company.
It all started when the owner Paride Cocozza of “Il Boss dei Panini,” initiated procedures to officially register the name of his business as a distinctive trademark. This move, essential to protect corporate identity and any expansion plans, has sparked an immediate and decisive opposition from Hugo Boss. The German company, with a globally known and protected brand, challenged the use of the word “Boss” which is a key and distinctive element of its own brand. During the long legal dispute, Hugo Boss argued mainly that the “Hugo Boss” brand is highly distinctive and well known, as it derives directly from the name of the founder, Hugo Ferdinand Boss.
According to the fashion house, the origin of the brand confers special strength and should also be protected in commercial areas outside the luxury clothing sector. Hugo Boss also expressed concerns about the risk of confusion that could arise among consumers if another activity used the term “Boss” in a different area than the one in which it operates.
The German company was concerned that the public could confuse the idea of a commercial connection, sponsorship or affiliation between the sandwich shop ‘Il Boss dei Panini’ and the fashion brand. A key argument that supported Hugo Boss’s position was the fact that the company had already registered its trademark for catering-related product categories, indicating a potential interest or prospect of expansion in the food industry.
In response to the arguments presented by the well-known fashion brand, “Il Boss dei Panini,” legally defended by the lawyer Angelo Cocozza, based his defense on the wide use and common dissemination of the term “boss” in the English language and Italian culture. It was stressed that this term is often used informally and playfully to indicate a prominent figure or expert in a given field. In support of this thesis, examples of Italian television programs such as “the boss of ceremonies” and “the boss of the cakes” were mentioned to show that the term “boss” has now entered the common language without necessarily recalling the Hugo Boss brand.
During the defense, a crucial point was emphasized regarding the significant difference between the target markets of the two activities involved. On the one hand, reference is made to the luxury and high fashion sector represented by Hugo Boss, who are aimed at a specific segment of consumers. On the other hand, we talk about the street food restaurant of “Il Boss dei Panini,” which is intended for a completely different audience. According to the defense, this clear sectoral distinction made any risk of confusion in the average consumer’s mind highly unlikely. Finally, it was emphasized that the full name “The Panini Boss,” with the inclusion of the definite article “il” and specification “of the sandwiches,” created a unique and unequivocal identity, closely associated with the food sector and easily distinguishable from the Hugo Boss brand.
The complicated legal issue was addressed in varying degrees of judgment within the Italian judicial system. Initially, the Court of Cassation, the highest legal body in Italy, accepted the appeal filed by Hugo Boss, confirming the validity of the arguments concerning the strength and patronymic origin of the trademark. However, the Court of Cassation itself has subsequently specified that the presence of a pre-existing patronymic mark does not automatically prevent the registration of a competing trademark, highlighting the importance of carefully assessing the potential risk of confusion on the market. Following this specification, the matter was transferred to the Board of Appeals, an administrative body specialising in trade mark disputes, for a final assessment. After reviewing the case in the light of the principles established by the Court of Cassation, the Appeals Commission issued its final decision that confirmed the victory of “Il Boss dei Panini”. In its determination, the Commission has unequivocally ruled out the presence of a risk of confusion or an undue competitive advantage (“hook”) by the pan-show with respect to the Hugo Boss brand. This conclusion is based on the observation that the term “boss”, although it may recall the previous mark, is in fact a word of Anglo-American origin in common use, often used, even in a playful way, to indicate an authoritative figure or a leader in a specific context.
In addition, the Commission assessed as unlikely that the average consumer could confuse the products offered by “Il Boss dei Panini” under the Hugo Boss brand. This assessment is based on Hugo Boss’s great reputation in the luxury clothing sector, which differs sharply from the informal context and affordable prices of a sandwich shop.
The news of the victory generated satisfaction in the lawyer Angelo Cocozza, defender of “Il Boss dei Panini” in all degrees of judgment. The lawyer pointed out that often small business owners do not have the resources to face long and costly legal battles against large companies, highlighting the importance of this success. With an ironic note, he added that Hugo Boss, through this prolonged legal dispute, had the opportunity to further consolidate his prestige as a strong brand.
History of the Legal Battle
| Phase of the Procedure | Outcome | Sections of Interest |
| Request for Registration | Hugo Boss has opposition to the registration of the trademark “Il Boss dei Panini”. | Antecedents of Dispute |
| Appeal in Cassation (initial) | The Court of Cassation initially accepts Hugo Boss’s appeal, recognizing the strength of the patronymic mark. | The Role of the Judiciary |
| Pronunciation of the Cassation | The Court of Cassation clarifies that the pre-existence of a patronymic mark does not automatically preclude the registration of the competing trademark and refers to the Commission. | The Role of the Judiciary |
| Commission of Appeals Decision | The Board of Appeals calls for “Il Boss dei Panini”, considering the risk of confusion or hooking absent. | The Final Sentence |
The victory of “Il Boss dei Panini” represents an important precedent in trademark disputes, highlighting how even small businesses can prevail over multinationals while respecting the fundamental principles of trademark law. These principles include distinctiveness, the absence of confusion and the common use of certain linguistic expressions. This case underlines the importance of carefully evaluating the specificities of each activity and its market, offering a positive signal for small businesses that must defend their identity from disputes by larger and more powerful companies.
The following are the newspapers that have spread the news.
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Hugo Boss vs. the Boss of Panini – Trademarks and Community Drawings, March 20, 2025
https://www.marchiedisegni.eu/si-riaccende-caso-boss-dei-panini-vs-hugo-boss/
The “boss of sandwiches” wins the legal battle against “Hugo boss” – CasertaNews, March 20, 2025
https://www.casertanews.it/cronaca/boss-panini-hugo-boss-ricorso-marchio.html
«The boss of the sandwiches» wins against Hugo Boss: yes to the registration of the trademark
https://www.ilsole24ore.com/art/il-boss-panini-vince-contro-hugo-boss-si-registrazione-marchio-AGo3j8cD
Studio Legale Santa Maria Capua Vetere … – Avv. Angelo Cocozza, March 20, 2025
https://www.studiolegalecocozza.it/vittoria-per-il-boss-dei-panini-sconfitto-il-colosso-hugo-boss-in-battaglia-legale-sul-marchio/
“Boss of sandwiches” wins against Hugo Boss after nine years: the registration of the new brand, March 20, 2025
https://tg24.sky.it/economia/2025/03/20/boss-panini-hugo-boss-registrazione-marchio
