luigi.manna

About Luigi Manna

I am Luigi Manna and I am the author of all the texts of this website together with Elena Martini and other contributors. Check out our website and use our contact form if you wish to contact me. Sono Luigi Manna e sono autore insieme a Elena Martini e altri autori dei testi di questo sito web e tutti i contenuti che vedete pubblicati qui. Navigate sul sito e usate l'apposito modulo se volete contattarmi.

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 of acquired distinctiveness in trademark cases before the Italian IP Courts.
The petitioner, a company operating since the ’90s in the online judicial foreclosures sector, claiming exclusive rights on the “aste […]

By |23 11 2020|Uncategorized|0 Comments|

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 RTI against Yahoo! Inc. and Yahoo! Italia Srl (herein, Yahoo!) the Italian Court of Cassation established key principles on the hosting provider’s liability; the decision will probably become the landmark […]

By |31 05 2019|Uncategorized|0 Comments|

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 la protezione dei dati personali) imposed a 600,000 EUR fine on Wind Tre S.p.A. for the infringement of several provisions of the (Italian) Personal Data Protection Code[1] (applicable to the […]

By |18 03 2019|Uncategorized|0 Comments|

Substantial and procedural issues surrounding acquiescence in Italian Trademark Law: Decision no.18736/2018 of the 1st Chamber of the Court of Cassation

With the above decision, published on 13 July 2018 (and available at this link), the Court of Cassation (the Italian Supreme Court) took stock of some substantive and procedural issues concerning the so-called acquiescence. Acquiescence refers to the situation in which the owner of a prior trademark loses the […]

By |30 11 2018|Uncategorized|0 Comments|

Copyrights on derivative works according to the Italian Court of Cassation: the “Gabibbo” and its progenitor from Kentucky

The “Gabibbo”, a character made popular in Italy by the TV show “Striscia la notizia”, ​​is at the centre of a long-lasting copyright dispute that has made its way up to the Court of Cassation (the Italian Court of last instance) for which there is no end in sight. […]

By |19 11 2018|Uncategorized|0 Comments|

Barilla wins long pillow fight

Early this year, a three-year long “pillow fight” engaged by Barilla came to an end with a ruling in favour of the Parma food giant (Milan IP Court, decision no. 830/2018 of 25 January 2018).*

In 2014, a small textile business, I. F., started manufacturing throw pillows reproducing the shape […]

By |05 03 2018|Uncategorized|0 Comments|

The new Italian bill on corporate whistleblowing and its privacy implications

A bill for the “Protection of individuals reporting crimes or irregularities learnt in the context of a public or private employment relationship”, already rechristened the “whistleblowing law”, was passed by the Italian Parliament on 25 November 2017, and is about to enter into force.

Corporate whistleblowing has been a subject […]

By |12 12 2017|Uncategorized|0 Comments|

Welcome to Rocco Lanzavecchia!

By |16 11 2017|Uncategorized|0 Comments|

Grounds for refusal of a probative search in IP matters: a decision by the Milan IP Court

Court of Milan – IP Section, Judge S. Giani, Order of 2 August 2017, docket no. 27991/17).

In a recent preliminary order, the IP Section of the Milan Court restated some basic principles in terms of requirements for the granting of urgent probative searches in IP litigations under Italian law […]

By |08 11 2017|Uncategorized|0 Comments|

The Milan IP Court gives its view on jurisdiction over online IP infringements

In a recent order issued in preliminary (injunction) proceedings, the Milan IP Court summarised its standpoint on jurisdiction and venue for infringements of IP rights committed online.

Having been enjoined by the same court from marketing women’s bags that were found to infringe on the trademark and design rights of […]

By |09 10 2017|Uncategorized|0 Comments|

The right to be forgotten, search engines and the scope of jurisdiction of the DPA: a ruling by Italy’s Garante della privacy

In a decision issued on 26 February 2017, the Garante della privacy (the Italian Data Protection Authority) ruled on the application of an Italian resident seeking the removal from Yahoo!’s search engine of links to a US website reporting news of an old judicial mishap that had occurred to […]

By |13 03 2017|Uncategorized|0 Comments|

Italy-USA Personal data transfers: the Italian Data Protection Authority ratifies the “Privacy Shield”

As noted by many commentators at the time, following the 6 October 2015 ruling of the European Court of Justice (ECJ) in Case C-362/14 Maximillian Schrems v. Data Protection Commissioner, the main tool used within the European Union to (legitimately) transfer personal data to the United States, the so-called […]

By |28 11 2016|Uncategorized|0 Comments|