Case law

The Italian Data Protection Authority finds national postal service in breach of privacy laws

On 16 November 2017, the Italian Data Protection Authority (“Garante”) enjoined Poste Italiane S.p.A., the Italian national postal service, from using a system aimed to organise queues at the counter on the grounds that it was incompatible with data protection laws.

“Gestore Attese” (“Queue Manager”), as the system was called, […]

Protection of confidential information: the Brescia IP Court confirms that bankrupt companies enjoy protection against unfair competition

(The original Italian version is published on Diritto24 – Il Sole 24 Ore)

A recent order by the IP Court of Brescia (Docket no. 16565/17, Judges Mr Del Porto, Mr Scaffidi and Mrs Agnese) confirmed that bankrupt companies enjoy protection against unfair competition. This is a particularly important ruling at […]

The Cipriani family cannot use its own surname as a trademark, says the Court of Appeal of Venice

On 30 November, the IP Court of Appeal of Venice issued decision no. 2798/17 in a dispute between Giuseppe and Arrigo Cipriani, respectively grandson and son of Giuseppe Cipriani (founder of the famous Harry’s Bar in Venice), and Hotel Cipriani S.r.l., owner of the famed Venetian hotel. The latter […]

It is lawful to prohibit sales on Amazon to protect a luxury brand, the ECJ says

(The original Italian version is published on Diritto 24 – Il Sole 24 Ore)

On 6 December 2017, the EU Court of Justice (ECJ) issued the already well-known Coty Germany ruling in case C-230/16, which discussed the legitimacy of some clauses of a selective distribution contract adopted in the context […]

Domain names: the Milan Chamber of Arbitration rules on so-called “passive holding”

On 18 October 2017, the Milan Chamber of Arbitration decided on a domain names reassignment procedure concerning two ccTLD .it domains, based on the complaint filed by a Belgian company operating in the pharmaceutical e-commerce market. The respondent had registered the two domain names in 2000, but had never […]

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 […]

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 […]

The Milan IP Court on the advertising of class C drugs

By first instance decision of 24 July 2017 (no. 8240/17), the IP Court of Milan ruled in a dispute between the two pharmaceutical companies Bayer and DOC Generici, stating that some communications spread by the latter constituted forbidden advertising of class C drugs and hence amounted to unfair competition […]

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 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 […]

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 […]

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 […]