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1 minute Martini Manna
The CJEU on the coexistence of unregistered local earlier rights with later registered national trademarks
The CJEU has recently issued on coexistence of unregistered local earlier rights with later registered national trademarkss
Protecting your blockchain: IP rights in Italy
Various exclusive rights can be granted over blockchain technologies in Italy, including in the case of public blockchains
The Italian Court of Cassation protects K-WAY’s coloured bands
The Italian Court of Cassation ruled in favour of the protection of K-Way’s “coloured stripe” figurative trademarks in proceedings against Armani
The Italian Competition Authority fines Tiger Group S.r.l 1 million euros for misleading practices
AGCM fined Tiger for two separate unfair commercial practices, in breach of the rules of the Consumer Code.
The protection of a shape trademark: the “Le Pliage” case
The Court of Milan has recently issued sentence no. 10280/2021 on the protection of three-dimensional trademarks corresponding to the shape of the well-known “Le Pliage” bags.
“Private copying” exception: applicability to cloud storage
The ECJ ruled on whether the storage of content in the context of cloud computing services falls within the exception for “private copying” referred to in Article 5(2)(b) of Directive 2001/29/EC.
The Italian Competition Authority fines Iliad 1.2 million euros for misleading practices
AGCM fined the Iliad for omission and/or misleading disclosure of certain essential information relating to mobile phone offers in relation to 5G technology.
Summary enforcement of sui generis database rights in Italy: a recent ruling of the IP Court of Rome
The IP Chamber of the Rome District Court issued an interesting summary judgment order concerning the protection of a database maker’s sui generis rights.
The protection of patronymics trademarks in the wine sector: when reputation hinders the coexistence of identical patronymics
The wine producers Mr. Federico and Mr. Stefano Vacca opposed to the application for the registration of a trademark by the agricultural company “Vacca Francesco & Mario di Vacca Saverio”.
The Italian Supreme Court on the right to be forgotten
A decision on the balancing of the individuals’ right to be forgotten and that of the community to be informed.
Infringement by equivalents in patent matters: the position of the Italian Court of Cassation.
The Civil Court of Cassation has recently ruled on the notion of infringement by equivalents, consolidating the approach already outlined in its order no. 2977 of 07.02.2020.
The EU General Court rules on the distinctiveness of the 3D trademark depicting Tecnica’s “Moon Boots”
According to the GC, the EUIPO was right to exclude both inherent and acquired distinctiveness of the mark in issue.
Copyright protection of Disney cartoons according the Italian Court of Cassation.
The Court ruled on the duration of the copyrights relating to some of Disney’s most famous cartoons.
The Supreme Court rules on violation of trade secrets and unfair competition.
The First Civil Section of the Court of Cassation, with order no. 37362 of November 29, 2021, has recently ruled on the subject of violation of trade secrets and unfair competition.
The italian Supreme Court rules on the liability of active hosting providers and on the damages for copyright infringement
The Court has confirmed important principles with regard to the liability of active hosting providers and the compensation for damages due to copyright infringement
Volkswagen “Bulli” van is a valid three-dimensional trademark according to the EUIPO
The Court confirmed distinctivevess of the three-dimensional trademark reproducing the well-known Volkswagen “Bully” van.
The Court of Justice of the EU on jurisdiction over damages for online disparagement
The ECJ ruled on the interpretation of Article 7(2) of EU Regulation No. 1215/2012 on jurisdiction for compensation for damage caused by online disparagement.
The Court of Venice protects the trademark “Cleopatra” against counterfeiting and unfair competition
The Court of Venice found that the trademark “Cleopatra” is distinctive and enjoys protection against the “Oro di Cleopatra trademark registered by a competitor.
Patent limitation under art. 79 of the Italian IP Code: a recent order by the IP Court of Milan.
An interesting decision was recently issued by the IP Court of Milan in preliminary patent infringement proceedings.