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