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.

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 […]

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 […]

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 […]

The Catania IP Court Grants Protection to the KAMUT® Trademark

With Judgment No. 4710/2016 of 20 September 2016, the IP Court of Catania, Italy, granted protection to the well-known KAMUT® trademark against unauthorised use by local entrepreneurs.

The trademark in question is licensed free of charge by its American rightholder and the former’s European subsidiary, leaders in the field of […]

Monitoring employees’ use of email and Internet in Italy after the “Jobs Act”: a decision by the Italian DPA

By its Decision no. 303 of 13 July 2016, the Italian Data Protection Authority (“Garante della privacy”) provided some cues on the interpretation of the current rules on the monitoring of the use of IT services by employees in the workplace, amended in late 2015. The Garante’s decision is not, on a strictly formal […]

The protection of industrial design at the intersection between design rights, copyright and unfair competition in a Milan Court ruling

A recent comprehensive ruling by the IP Court of Milan provides a good example of cumulative protection afforded to industrial designs in the Italian legal system (Ruling no. 1935/2016, Chairing Judge M. Tavassi).

Thun, a company known for its round-edged, antique-looking ceramic figurines inspired by the natural world, filed a […]

The burden of proof in IP negative declaratory proceedings: a ruling from the Bologna IP Court

In its recent decision no. 302 of 2016, the Bologna Court division dealing with IP matters addressed the much-debated subject of the burden of proof in negative declaratory proceedings, specifically in the context of patent litigations.

The proceedings had been brought by an Italian company, seeking negative declaratory relief from […]

The word “ham” cannot be monopolised to market hamburgers in Italy, says the IP Court of Naples

By an interim order of 22 December 2015, an IP Court Judge in Naples rejected the application of a catering company seeking a preliminary injunction against a competitor using “ham” as a distinctive sign.

The applicant, Change Food, established in 2010 to create a franchise built around the concept of […]

Martini Manna vince davanti al Tribunale di Torino–161656.php 



Milan IP Court does not turn a blind eye on Flirting trademark

With an order dated 28 December 2015, the IP division of the Milan Court granted provisional protection to the “wink” trademark characterising the Flirting collection of well-known fashion blogger and designer Chiara Ferragni.

The trademark holder (the company Mofra Shoes, which has a partnership agreement with Ms Ferragni) filed a […]

The Florence IP Court protects Tuscany’s PDO wine Vino Nobile di Montepulciano

With ruling no. 3575/2015 of 21 October 2015, the Company Matters division of the Florence District Court (whose jurisdiction encompasses IP matters) awarded a major victory to Consorzio del Vino Nobile di Montepulciano, a trading association representing the interests of grape growers and winemakers engaged in the production of […]

Slavish imitation of competitors’ packaging: a decision from the Milan Tribunal

Judgment no. 8817/2015 of 17 July 2015 of the Business Matters Section of the Milan Tribunal is one of a long list of rulings by this Court on the imitation of the packaging of competitors’ products (such as those we discussed here and here).

The manufacturer of a renowned consumer […]