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The Rome IP Court on copyright protection in photographs

With decision no. 14758 of 12 September 2019, the IP Court of Rome dismissed the lawsuit brought by a photographer against RAI-RADIOTELEVISIONE ITALIANA SPA (RAI) for compensationary damages deriving from the use of a photo, portraying the Italian judges Giovanni Falcone and Paolo Borsellino. The photograph was taken by […]

By |29 11 2019|Uncategorized|0 Comments|

The compensation of damages deriving from unfounded provisional measures

The EU
Court of Justice (ECJ), with a decision dated 12 September 2019 in case C-688/17, ruled on
the interpretation of Article 9(7) of Directive 2004/48/EC.

The judgement
follows the request for a preliminary ruling filed by the Court of Budapest in
the proceedings between Bayer Pharma AG (“Bayer”), on the one side, and […]

By |15 11 2019|Uncategorized|0 Comments|

Court of Cassation Order no. 17161/19: a peculiar case of so-called “IP-related” unfair competition

by Gaia Gusmini and Luigi Manna

With order no. 17161 of 2019, the Court of Cassation issued an unprecedented decision regarding the jurisdiction of the IP Courts in cases of so-called related unfair competition.

The appeal had been filed by Pan Chemicals Spa (“Pan Chemicals”) against
an order of the Court […]

By |22 10 2019|Uncategorized|0 Comments|

A title can be libelous, according to the Italian Court of Cassation

by Gaia Gusmini and Luigi Manna

The Italian Court of Cassation recently overturned a Court of Rome’s
decision issued in a libel lawsuit between Ente Autonomo per le Fiere di Verona
(“Ente”) and Gruppo Editoriale l’Espresso S.p.A. (“l’Espresso”), a publishing
company owning, among else, the weekly magazine “L’Espresso”.

The plaintiff, organiser of the well-known […]

By |05 08 2019|Uncategorized|0 Comments|

The EU General Court confirms the invalidity of the Adidas EU three-striped trademark

With its decision
of 16 June 2019 (Case
T-307/17), the EU General Court ruled on the appeal filed by Adidas
AG (“Adidas”) against the decision of the Second Board of Appeal of EUIPO,
relating to invalidity proceedings between Shoe Branding Europe BVBA (“SBE”) and

In December 2013, the well-known sportswear manufacturer filed an application […]

By |25 07 2019|Uncategorized|0 Comments|

Data breach under the GDPR: clarifications from the Italian Data Protection Authority

With a recent decision, the Italian Data Protection
Authority (“Garante”) provided some useful guidelines regarding the data breach
procedure in case of a personal data violation.

Article 33 of EU Regulation 679/2016 (“GDPR”) establishes
that the data controller shall notify each breach of security leading to the
accidental or unlawful destruction, loss, alteration, […]

By |04 07 2019|Uncategorized|0 Comments|

3-0 for Neymar: the European General Court confirms the invalidity of the registration of the word mark “NEYMAR” by a third party

On 14 May
2019 the EU General Court (case
T-795/17) ruled on the appeal filed by Mr Carlos Moreira against the
European Union Intellectual Property Office (EUIPO) and the well-known
footballer Neymar Da Silva Santos Júnior (Neymar) against EUIPO’s decision,
issued in the proceeding on the invalidity of the trademark “NEYMAR”.

In 2012 Mr
Moreira […]

By |18 06 2019|Uncategorized|0 Comments|

The stay of infringement proceedings is mandatory in case of a simultaneous proceeding on the patent’s validity, according to the Court of Cassation

by Gaia
Gusmini and Luigi Manna

The Court
of Cassation, by order
no. 9500 of 04 April 2019, ruled again on the necessity of staying infringement
proceedings when the proceeding on the patent’s invalidity is pending.

Rhyner AG, owner of a European patent, had filed a patent infringement and
unfair competition lawsuit before the Court […]

By |11 06 2019|Uncategorized|0 Comments|

Facebook condemned for the unauthorised publication of audio-visual content

(by Gaia
Gusmini and Elena Martini)

With sentence no. 3512 of 15 February 2019, the IP Court of Rome ruled on
a case between Reti Televisive Italiane SpA (RTI) and Mrs. V.P., on the one
hand, and Facebook Inc. and Facebook Ireland Limited (together, Facebook), on
the other.

The plaintiffs
requested an injunction against Facebook for […]

By |15 04 2019|Uncategorized|0 Comments|

Employment consultant, the clarifications of the Italian Data Protection Authority in light of EU Regulation 2016/679

(by Gaia Gusmini and Luigi Manna)

In response to the question submitted by the National Council of the Employment Consultants, the Italian Data Protection Authority (“Garante”) recently clarified the role of the employment consultant regarding the qualifications of “data controller” and “data processor” in light of EU Regulation 2016/679 (“Regulation”).

As […]

By |11 03 2019|Uncategorized|0 Comments|

McDonald’s loses its trademark BIG MAC in Europe

(by Gaia Gusmini and Rocco Lanzavecchia)

With decision no. 14 788 C of 11 January, the Cancellation Division of the European Union Intellectual Property Office (EUIPO) ruled on the dispute started by Supermac’s Holding Ltd. (herein, “Supermac’s”) against McDonald’s International Property Company Ltd. (herein, “McDonald’s”) for the revocation […]

By |05 03 2019|Uncategorized|0 Comments|

ECJ: the storage of goods bearing a copyrighted motif can be an infringement of the exclusive right of distribution

(by Gaia Gusmini and Luigi Manna)

With the judgement of 19 December, the European Court of Justice (case C-572/17) ruled on the interpretation of Article 4 paragraph 1 of Directive 2001/29/EC which, as known, provides authors the exclusive right to authorise or prohibit any form of distribution to the public […]

By |06 02 2019|Uncategorized|0 Comments|