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Privacy: the Milan Court on the unlawfulness of two-step marketing campaigns without consent

(in collaboration with Gaia Gusmini)
By decision no. 5022 published on 5 May 2017, the Milan Court entirely rejected a leading Italian telephone provider’s opposition to an Italian DPA decision, which had considered unlawful and thus had enjoined, a marketing campaign consisting of contacting around five million former customers by […]

By |13 11 2017|Uncategorized|0 Comments|

The Milan IP Court on the infringement of Ferragamo’s “Vara” metal buckles

The Milan IP Court, on 12 July 2017, decided on a proceeding commenced by two Chinese shop owners against the Florentine fashion house Ferragamo S.p.A. (Docket no. 7940/2017). The plaintiffs had asked the Court to declare their non-infringement of Ferragamo’s historical trademarks – as represented below – reproducing the […]

By |20 09 2017|Uncategorized|0 Comments|

1 October 2017: further amendments introduced by the new EUTM Regulation will come into force

Next month, some important amendments introduced by Regulation EU no. 2015/2424 – which we have already discussed here on this blog – to EU trademark law, governed by Regulation EC no. 207/2009, will enter into force.

Below is a summary of the most significant changes.

Abolishment of the graphical representation requirement

Thanks […]

By |11 09 2017|Uncategorized|0 Comments|

The General Court enforces the Chanel’s monogram against a conflicting design

On 18 July, the General Court of the European Union (“GC”), in case T-57/16, annulled a decision by which EUIPO’s third Board of Appeal had rejected an action of nullity proposed by the French maison Chanel SAS against the Community design represented below (on the left), registered for ornaments […]

By |07 09 2017|Uncategorized|0 Comments|

Isgrò vs. Waters: to the Milan IP Court, the cover art of Pink Floyd’s former member infringes the works of art of the Italian conceptual artist

With order of 25 July 2017, the Milan IP Court confirmed an ex parte preliminary injunction it previously ordered upon request of the famous Italian conceptual artist Emilio Isgrò against Sony Music Entertainment Italy S.p.A. (hereafter “Sony”), the Italian distributor of “Is this the life we really want?”, the […]

By |04 09 2017|Uncategorized|0 Comments|

According to the Milan IP Court, the rights to Gio Ponti’s 811 armchair belong to Molteni, not to Cassina

By order of 9 May 2017, the Milan IP Court decided on a preliminary proceeding concerning a dispute that arose just before the last Salone Internazionale del Mobile – the famous Italian international furniture fair – between two of the biggest Italian furniture companies: Molteni & C. S.p.A. and […]

By |14 07 2017|Uncategorized|0 Comments|

According to the ECJ, the management of a platform like The Pirate Bay can constitute copyright infringement

The European Court of Justice (ECJ), by ruling of 14 June 2017 (case C-610/15), returned to interpret the notion of “communication to the public” under Art. 3(1) of the so-called Infosoc Directive (2001/29/EC). The decision originates from a reference for a preliminary ruling proposed by the Dutch Supreme Court […]

By |30 06 2017|Uncategorized|0 Comments|

To the ECJ, the sale of devices allowing the TV streaming of online copyright-protected works without the consent of the right holders is unlawful

By ruling of 26 April (case C-527/15), the European Court of Justice (ECJ) stated on a reference for a preliminary ruling proposed by a Dutch court in the context of a dispute between Stichting Brein, a foundation protecting the interests of copyright holders, and a seller of multimedia players allowing […]

By |08 06 2017|Uncategorized|0 Comments|

Italy finally transposes the Barnier Directive but confirms the monopoly of SIAE on the collective management of online musical works copyrights

On 11 April, Italian Legislative Decree no. 35/2017 implementing the so-called Barnier Directive, i.e. Directive no. 2017/26/EU on the collective management of copyrights and the multi-territorial licensing of rights for the online use of musical works, entered into force.

Thanks to this decree, today the holders of copyrights and related […]

By |07 06 2017|Uncategorized|0 Comments|

The Court of Rome stops the Uber Black app for unfair competition

By preliminary order of 7 April 2017, the Court of Rome enjoined the Uber Group – after the Court of Milan’s previous order regarding the Uber Pop app – from continuing to provide and advertise vehicle hire with driver services by means of the Uber Black app in Italy, […]

By |27 04 2017|Uncategorized|0 Comments|

The Regional Administrative Court of Lazio rejects the appeal against the online copyright enforcement Regulation of the Italian Communications Authority

After hard proceedings – which included a reference to the Italian Constitutional Court – the Regional Administrative Court of Lazio (the Court), with a decision published on 30 March 2017, rejected the appeal proposed by several Internet service providers and consumer associations against the online copyright enforcement Regulation adopted by the […]

By |13 04 2017|Uncategorized|0 Comments|

The Italian DPA confirms the prohibition of the employer’s indiscriminate control of company emails and smartphones

By decision of 22 December 2016, the Italian Data Protection Authority (DPA) upheld a claim brought by a former employee. The employee complained the unlawfulness of the processing of his personal data which was carried out by the company he worked for, both during his employment as well as […]

By |15 03 2017|Uncategorized|0 Comments|