On 26 March 2024, the EU Directive 2024/825, which concerns "empowering consumers for the green transition through better protection against unfair practices and through better information" came into force. It amends Directives 2005/29/EC (unfair business-to-consumer commercial practices) and 2011/83/EU (consumer rights).

The Third Chamber of the General Court of the European Union dismissed the appeal filed by Escobar Inc. against the decision of the Fifth Board of Appeal of the EUIPO, which had confirmed the rejection of the application for registration of the trade mark 'Pablo Escobar'.

The European Data Protection Board (EDPB) has issued an opinion on the circumstances and conditions under which 'consent or payment' models, relating to behavioral advertising, may be implemented by large online platforms in a way that constitutes valid and freely given consent.

The EUIPO found that a trademark application for the sign ‘DUTCH GENQUILA’ should be rejected for all alcoholic beverages including wines as it evoked the PGI ‘TEQUILA’

The EUIPO recently upheld Opposition B 3142350 against the EU word trademark application no. 018334069 “SPRIO SPRITZ”, based on the Italian word trademark “PRIO DONNAFUGATA”, filed against goods in Class 33.

In August 2023, Paul Pogba, a well-known footballer of Juventus and the French national team, tested positive for testosterone, which is on the list of prohibited substances and practices established by the WADA

With official press release no. 198 of 26 March 2024, the Lega Calcio Serie A made public the decision of the Giudice Sportivo (Sports Judge) regarding the well-known situation involving the players Juan Jesus of Napoli and Francesco Acerbi of Inter.

On 24 March 2023, the EUIPO Opposition Division rejected the opposition filed by Galbusera S.p.A. against the EU word mark application "ANTICO CAFFÈ TRE MARIE".

In November 2023, the Antitrust Authority opened an investigation against the company DAVE'S S.r.l., distributor in Italy of the product called the "Hot Chip Challenge", which involved consuming an extremely spicy and unpleasant tasting crisp. The Authority argued that the company had engaged in conduct in violation of the Consumer Code.

By the order under discussion, the CoA overturned this decision finding that, contrary to the judgement of the CFI, the validity of the patent at issue was not established with a sufficient degree of certainty for the injunction to be issued.

In its judgment No. 3479/2024, the Italian Supreme Court recently ruled on the tax regime to be applied to the advertising expenses incurred by a commercial company in favour of two Amateur Sports Associations.

In its judgment of 24 January 2024 in Case T-537/22, the General Court of the European Union dismissed the action brought by Delta Sport Handelskontor, rejecting its application for a declaration of invalidity of the Community design relating to the LEGO brick.

EU Court of Justice rules on use of trademarks on non-OEM spare parts

The Italian Supreme Court recently overturned the well-known decision taken by the Court of Rome concerning the online reputation assessment system 'Mevaluate'.

The Italian Institute of Advertising Self-Regulation Jury has ruled on the lawfulness of a recent Vodafone commercial dedicated to the purchase of smartphones in installments, in relation to the role of minors in advertising.

A recent ruling by the Court of Cassation in December 2023 (no. 36021/2023) recognised how the de-indexing of content on the web represents, more often than not, finding the delicate balance between the right to privacy and the right to information.

The Court of Appeal (CoA) of the UPC stated that, in proceedings that do not involve technical issues, the Court of Appeal can decide without technically qualified judges.

In a ruling on 21 December 2023, the European Court of Justice (CJEU) declared certain rules in the Statutes of FIFA and UEFA to be contrary to EU law.

The Authority for Communications Guarantees (AGCOM), published the new guidelines for influencers, as a result of the public consultation initiated by Resolution No. 178/23/CONS. The guidelines were aimed at ensuring that the provisions of the Consolidated Audiovisual Media Services Act (Legislative Decree No. 208 dated 8 November 2021, no. 208) were complied with and the measures necessary to ensure their uniform and consistent application. There was particular reference to compliance with the principles of transparency and accuracy of information, the application of the regulations for the protection of minors and fundamental personal rights, and provisions on commercial communications and product placement aimed at making any promotional purposes, transparent to the public.

The Italian Antitrust Authority fined the companies Fenice S.r.l. and TBS Crew S.r.l., which manage the trademarks and rights relating to the personality and personal identity of Chiara Ferragni, and Balocco S.p.A., for the combined violation of their duty of professional diligence and unfair commercial practice, characterised by elements of deceptiveness.