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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 Competition Authority (AGCM) issued an administrative fine of 10 million euros (the maximum amount possible) against Apple for breach of the Italian Consumer Code, and more specifically for misleading and […]

By |22 12 2020|Uncategorized|0 Comments|

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 its “Happy&Win” prize contest held in 2019. The proceedings were initiated in September 2019 (during the prize competition) against the well-known telecommunications operator following a number of reports received from […]

By |03 11 2020|Uncategorized|0 Comments|

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. 12575155,  registered by the company Pest Control Office Ltd. (the company acting on behalf of the well-known street artist Banksy), because it had been filed in bad faith pursuant to […]

By |30 09 2020|Uncategorized|0 Comments|

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 trademark by Mr. Elio Fiorucci is unlawful, recalling the principle already stated in the decision no. 10826/2016 issued in the parallel proceeding between Mr. Fiorucci and Edwin Company Ltd (that […]

By |28 09 2020|Uncategorized|0 Comments|

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, according to art. 45 GDPR, the EU Commission had stated that the Privacy Shield – i.e. the EU-USA agreement ruling on data transfers between the European Union and the USA […]

By |17 09 2020|Uncategorized|0 Comments|

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 registration of the motion logo represented below, due to its lack of distinctive character under Article 7(1)(b) of Regulation no. 1001/2017 on EU trademarks.

As shown in the image above, the […]

By |21 07 2020|Uncategorized|0 Comments|

Immuni. Guarantees for privacy protection of the Italian contact-tracing app

For the purpose of containing the spread of the Covid-19 virus, Article 6 of Legislative Decree no. 28/2020 provided for the implementation of a national platform for contact tracing, aimed at alerting users who came in contact with virus-positive subjects, who can therefore promptly activate health prevention and treatment […]

By |16 06 2020|Uncategorized|0 Comments|

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 Article 9 of EU Regulation 2009/209 and Article 9 of EU Regulation 2017/1001 on EU trademarks, held that a subject who, on behalf of a third-party, stores products infringing another’s […]

By |21 04 2020|Uncategorized|0 Comments|

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. and Satispay Ltd. against Sisal Group S.p.a., the Court of Milan ascertained that Sisal committed acts of parasitic unfair competition to the detriment of Satispay, ruling on the case with […]

By |06 04 2020|Uncategorized|0 Comments|

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 well-known publishing house Arnoldo Mondadori Editore S.p.a., owner of the trademark «Grazia», ascertaining that its trademark was counterfeited by the sign «grazia.net». The three instances of the case are briefly […]

By |30 03 2020|Uncategorized|0 Comments|

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 software developed by an external contractor was  owned by the committing company and acknowledged in favour of the company the right to be compensated for damages arising from the contractor’s […]

By |17 03 2020|Uncategorized|0 Comments|