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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 […]
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 […]
Undeclared payment fees: the Parclick case
With a decision dated last November 17 (available at this link), the Italian Antitrust Authority (AGCM) closed the investigation […]
The Italian Antitrust Authority fines Apple 10 million EUR
By Laura Spagnoli and Elena Martini
With decision of last October 27 (the Italian version is available here), the Italian […]
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 […]
Descriptive marks and proof of secondary meaning – the IP Court of Brescia and the “Aste Giudiziarie” case
A recent summary ruling of the Brescia, Italy, IP Court, offers some insight in the matter of proof […]
Italian Competition Authority rules on subliminal advertising in the videoclips by Rovazzi and Boomdabash + Alessandra Amoroso
Picture by MattysFlicks from www.pxhere.com
With decisions published on 2 November 2020, the Italian Competition Authority (ICA) closed, without issuing […]
Prize competitions: the Italian Antitrust Authority closes investigations on Vodafone’s misleading communications
With decision no. 28358 of 2020, the Italian Antitrust Authority closed the proceedings against Vodafone Italia S.p.A. relating to […]
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 […]
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 […]
According to the EUIPO, Banksy’s “Flower Thrower” trademark is invalid since it was registered in bad faith
A very recent decision of the EUIPO Cancellation Division (no. 33 843 C) ascertained the invalidity of trademark no. […]
The Italian Supreme Court reaffirms that Elio Fiorucci cannot use his surname as a trademark
With the decision no. 10298/2020, the Italian Supreme Court reaffirmed that the use of the surname “Fiorucci” as a […]
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 […]
Schrems II: consequences of the invalidation of the Privacy Shield
With the decision of last July 16 (C-311/18), the EU Court of Justice invalidated decision no. 2016/1250 with which, […]
The Supreme Court ruled on the relationship between registered design infringement and unfair competition for slavish imitation
With Sentence no. 8944 of 14 May 2020, the Italian Supreme Court stated that the owner of a registered […]
EUIPO dismiss Amazon’s application for the registration of its motion mark
With a decision dated April 28, the EUIPO’s Second Board of Appeal rejected Amazon Technologies Inc.’s application for the […]
Facebook vs. CasaPound: the deactivation of CasaPound’s page and account is unlawful
An order issued on April 24, in the dispute between Facebook Ireland Ltd. and the Italian far-right movement CasaPound, […]
According to the Supreme Court computer data can be considered as a movable good, subject to the crime of embezzlement
By Elena Martini and Alessandro Pala
With Sentence No. 11959/2020 of 10 April 2020 the Italian Supreme Court found that […]
The ECJ on the Brompton folding bicycle: functional shapes can be protected by copyright if they are original
On 11 June 2020, the European Court of Justice (“ECJ”) published a historic ruling on copyright protection in case […]
Italian Supreme Court grants copyright protection to store layouts
With sentence no. 8433/2020, the Italian Supreme Court granted copyright protection to the layouts of the stores of the […]
The Council of State on the right of access to administrative documents and the protection of trade secrets
With Order no. 2150/2020 of 27 march 2020, The Council of State ruled on the relationship between the right […]
EU Court of Justice: Amazon is not responsible for trademark infringements committed by third parties
With a recent decision issued in the proceedings C-567/18, the EU Court of Justice, ruling on the interpretation of […]
The Court of Milan protects the famous app Satispay with a “limited” injunction
by Laura Spagnoli and Elena Martini
With an order dated December 3, 2019 in the proceedings brought by Satispay S.p.a. […]
The Italian Supreme Court protects the well-known trademark «Grazia»
By Laura Spagnoli and Elena Martini
By order no. 4721/2020, the Italian Supreme Court recently ruled in favour of the […]
EPO refused the patent applications of the inventor machine
At the end of December 2019, the European Patent Office (EPO) refused two patent applications (No. 18275163 and No. […]
Court of Bologna, decision no. 96/2020: the software developed by the self-employed belongs to the employer
by Laura Spagnoli and Elena Martini
With decision (no. 96/2020), published last January 15, the Court of Bologna found that […]
The Italian DPA fines Eni Gas e Luce 11.5 million EUR
With decisions no. 231 and 232 of 2019, the Italian Data Protection Authority
imposed two substantial fines on the well-known […]
The Court of Milan’s ex parte dynamic injunction in defence of the film ‘Tolo Tolo’
by Laura Spagnoli and Elena Martini
With two ex parte decrees issued last December 24 and January 13, the IP […]
D&G shall compensate Maradona for the illicit exploitation of his name
by Laura Spagnoli and Elena Martini
With decision no. 11374/2019, the Court of
Milan recently marked a victory in favour of […]
According to the ECJ, the sale of second-hand e-books is an act of communication to the public, subject to the copyright holder’s authorisation
By Alessandro Pala and Elena Martini
With a judgement dated 19 December 2019 (C 263/18) the ECJ issued an […]
EU Court of Justice redefines the neutrality of hosting providers
With the decision
of last October 3rd, the European Court of Justice (preliminary ruling C-18/18),
provided some clarifications on the interpretation […]
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 […]
The ECJ rules on the matter of pre-ticked checkboxes and cookie consent
With a recent decision (C-673/17) dated October 1 2019, the European Court of
Justice ruled on a reference for a […]
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 […]
The Italian Data Protection Authority grants the right to be forgotten in the event of a criminal conviction
With judgement no. 153 of last July 24, the Italian Data Protection
Authority (DPA) ruled on the matter of the […]
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 […]
Italian Torpedoes: the end is the beginning is the end?
Last month, I was invited to speak at the LESI YMC event in London (see here for some details), […]
The author’s right of paternity can be violated by the failure to mention the author’s name
Elena Martini and Laura Spagnoli
With decision no. 18220/2019, the Italian Supreme Court ruled on the violation of the author’s […]
Criminal Court of Cassation, decision no. 29391/2019 on patent infringement and criminal seizure
by Laura Spagnoli and Elena Martini
With judgement no. 29391 dated 4 July 2019, the
Criminal Court of Cassation ruled on […]
EU Court of Justice in G-Star/Cofemel: is artistic value still required for the copyright protection of design works in Italy?
The original Italian version is also published on Il Sole 24 Ore – Diritto 24
On 12 September, the […]
Porsche 911’s design was found invalid by the EU General Court
With a judgement dated 6 June 2019 (T-209/18), the EU General Court upheld EUIPO’s decision that found the design […]
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 […]
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”) […]
Unsolicited e-mail marketing: the Italian Data Protection Authority imposes a fine of EUR 2 million
By an order dated 11April 2019, the Italian Data
Protection Authority (“Garante per la protezione dei dati personali”) ruled in
a […]
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 […]
Audrey Hepburn: the unlawful reproduction of the image of a well-known person
A recent decision of the Court of Turin (no.
940/2019), finding that the image rights of the famous Hollywood diva
Audrey […]
Trademark revocation: the EU General Court on proving the genuine use of trademark signs
A recent decision of the EU General Court (T-910/16 and T-911/16), for which an appeal is presently
pending before the […]
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 […]
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 […]
The Milan IP Court on trademark protection and the exhaustion of trademark rights
By order of 6 May 2019, the Milan IP Court ruled in favour of the owner
of a well-known textile […]
EU General Court, T-215/17: the ‘Apple’ trademark cannot be confused with the ‘Pear’ trademark
With a recent judgement, the EU General Court ruled on the matter of visual and conceptual similarity between signs […]
The Court of Cassation and the keystones of hosting provider’s liability
by Gaia Gusmini and Luigi Manna
With its decision no. 7708 of 19 March 2019 in the lawsuit brought by […]
EUCJ, C‑614/17: a PDO can be infringed by images that evoke it suggestively
By Laura Spagnoli and Luigi Manna
With a decision dated 2 May 2019, the European Court of
Justice (C-614/17) ruled on […]
RTI vs Yahoo! Search – the provider’s liability for caching activity
By Laura Spagnoli and Elena Martini
With decision no. 7709/2019, the Court of Cassation ruled
again on the Internet Service Provider’s […]
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 […]
The validity of patents and the limits of protection of the invention. Supreme Court of Cassation, Order no. 6373/2019
By Laura Spagnoli and Elena Martini
With an order published on 5 March 2019 (docket number 1588/2015),
the Supreme Court of […]
The Court of Bari grants protection to the “Supreme” trademark
by Laura Spagnoli and Elena Martini
With an order issued on 26 February 2019, in the proceeding with docket number […]
The Milan IP Court on the protection of Banksy works against unauthorised reproductions
Banksy’s Girl with Balloon
On 14 January the IP Court of Milan issued an interesting precautionary
order concerning the protection of […]
The Italian Data Protection Authority imposes an administrative fine on Wind Tre for unsolicited direct marketing
By Luigi Manna and Laura Spagnoli
By an order dated 29 November 2018, the Italian Data Protection Authority (Garante per […]
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 […]
