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Online reputation rating: it is lawful if the operating mechanism of the algorithm is disclosed, says the Italian Supreme Court

By Order no. 14382/2021 the Italian Supreme Court ruled on the lawfulness of the personal data processing carried out through an online platform for measuring the reputation rating.
The Order was issued following the appeal brought by the Italian Data Protection Authority (DPA) against a decision of the Court of […]

By |29 07 2021|Uncategorized|0 Comments|

The Venice Court of Appeal protects Stroili Oro Jewellery against counterfeiting and acts of unfair competition

With judgment of 2 April 2021, the Venice Court of Appeal upheld the claims of the well-known jewellery manufacturing company Stroili Oro against counterfeiting acts, parasitic competition and slavish imitation of the companies DUO DE LI TRADIND DI LIN JIANHUA, WENPING WANG and HAIDONG CHEN. In fact, the latter […]

By |11 05 2021|Uncategorized|0 Comments|

According to the EU General Court the slogan “It’s Like Milk, But Made for Humans” has a distinctive character and can be registered as a trademark

With the judgment of 20 January 2021 in case T-253/20, the EU General Court stated that the slogan “It’s Like Milk, But Made for Humans” has the minimum degree of distinctive character required by Article 7 (1) (b) of the EU Regulation no. 2017/1001 and therefore it can be […]

By |26 04 2021|Uncategorized|0 Comments|

Framing may constitute a communication to the public and shall be authorised by the right holder, says the CJEU

With the judgement in Case C-392/19, the Court of Justice of the European Union (“CJEU”) returns to the subject of the framing of works protected by copyright, with regard to a dispute between VG Bild-Kunst (“VG”), a German visual arts copyright collecting society, and Stiftung Preußischer Kulturbesitz (“SPK”), a […]

By |13 04 2021|Uncategorized|0 Comments|

The Italian Competition Authority fines GoFundMe for the hidden costs in donations

With a decision published on 18 December 2020, the Italian Competition Authority (ICA) fined the company GoFundMe Ireland Ltd for unfair commercial practices against consumers, concerning the management of some online fundraising campaigns between 2018 and 2020.
The ICA contested GoFundMe two unfair commercial practices. The first practice concerned the […]

By |07 04 2021|Uncategorized|0 Comments|

The protection granted by a PDO may extend to the shape of a product, says the CJEU

With the judgement in Case C-490/19 the CJEU ruled on the interpretation of Article 13, paragraph 1, of the EU Regulation no. 1151/2012 on quality schemes for agricultural products and foodstuffs, regarding the infringement of a protected designation of origin (PDO).
The case in question arose from the dispute between […]

By |02 03 2021|Uncategorized|0 Comments|

The Italian Competition Authority fines HP 10 million Euros for misleading and aggressive commercial practices

By Alessandro Pala and Elena Martini
With a decision dated 17 November 2020, the Italian Competition Authority (ICA) fined the Companies HP Inc and HP Italy (collectively HP) 10 million Euros for misleading and aggressive commercial practices against consumers, in relation to the sale of some printer models in Italy. 
The […]

By |04 02 2021|Uncategorized|0 Comments|

The Italian Competition Authority accepts the commitments made by Electronic Arts for greater transparency of in-game purchases

By its decision no. 28368 of 30 September 2020 the Italian Competition Authority (ICA) accepted the commitments made by Electronic Arts Inc, Electronic Arts Swiss Sarl and Electronic Italia Srl (EA group) and closed without ascertaining any infringement the proceedings regarding the promotion in the Italian market of several […]

By |22 12 2020|Uncategorized|0 Comments|

The CJEU ruled on the mandatory indication of the country of origin of a food

With a recent judgement in Case C-485/18, the CJEU ruled on the mandatory indication of the country of origin or place of provenance of foods, in respect of the possibility for a Member State to require additional mandatory information as compared with those provided for in Regulation No 1169/2011.
The […]

By |03 11 2020|Uncategorized|0 Comments|

The CJEU rules on limitations to online sales of medicinal products

In a judgement handed down on 1 October 2020 (case C-649-18) the Court of Justice of the European Union (CJEU) ruled on the prohibition for a Member State to restrict the free movement of information society services from another Member State, in respect of the online sales of medicinal […]

By |29 10 2020|Uncategorized|0 Comments|

Messi is entitled to register his trademark: The CJEU upholds the General Court decision

On 17 September 2020, the Court of Justice of the European Union (CJEU) dismissed the appeals brought by the EUIPO and the holder of the MASSI trademark against the General Court decision confirming the validity of MESSI’s trademark registration (shown below) for sports equipment and clothing (see judgement in […]

By |16 10 2020|Uncategorized|0 Comments|

The Italian Competition Authority launches investigations of Google, Apple and Dropbox cloud services

With a press release of 7 September 2020 the Italian Competition Authority (AGCM) has announced the commencement of six investigations against three of the leading cloud computing service providers  worldwide.
The investigations involve Google (for Google Drive service), Apple (for iCloud service) and Dropbox and concern alleged unfair commercial practices […]

By |23 09 2020|Uncategorized|0 Comments|