In Judgment No. 24006/2023, the Court of Cassation dismissed the appeal of Swift Company S.r.l. against Rolex S.A. and Rolex Italia S.p.A., which had accused it of producing and marketing bracelets purportedly inspired by Rolex watch bezels and bearing the MGT sign, allegedly confusable with Rolex's GMT Master trademark.

The court found for design infringement and calculated damages based on the profits lost due to the infringers’ commercialisation, thus applying one of the criteria established by art. 125 Italian IP Code for damage calculation.

The court found that the ZzzQuil packaging is distinctive and that competitor’s product illicitly imitate it, as incorporates all its identifying elements.

On 23 April 2024, the government approved a draft law to introduce provisions on artificial intelligence (AI). The draft law emphasises that the lifecycle of AI systems and models must respect the fundamental rights and freedoms of individuals enshrined in Italian and European law.

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.