Blog

Welcome to our blog.

Looking for something specific?
Enter your keywords in the searchbar below.

 

1 minute Martini Manna

case-law Elena Martini case-law Elena Martini

UPC, Milan Central Division: the importance of selecting invalidity attacks

The court invites the claimant to select those attacks it considers the strongest and to rank them in order of importance. Once the attacks so selected are found to be unfounded, the Court considers it justified not to examin the remaining attacks. This places substantial responsibility on the parties as regards the selection and prioritisation of their objections.

Read More
case-law Andrea Bramati case-law Andrea Bramati

The Milan IP Court on Trademark Rights Infringement in Selective Distribution

By order dated 3 March 2025, the Specialist Business Section of the Milan Court granted the application for interim injunctive relief under Article 131 of the Italian Industrial Property Code and Article 700 of the Code of Civil Procedure filed by Chanel and its Italian distributor, prohibiting the sale of the maison’s perfumes inside the stores of the defendants, two well-known retail chains specializing in general consumer products for personal and household care.

Read More
case-law Luigi Manna case-law Luigi Manna

Trademark Coexistence on Amazon and Limitation by Acquiescence: a ruling by the Turin IP Court.

As specialists are well aware, limitation by acquiescence is a legal doctrine where a trademark owner loses their right to challenge a later, conflicting, trademark if they knowingly tolerate its use for a continuous five-year period. To invoke this defense, the owner of the later mark must prove the earlier owner was aware of the use and did not take legal action. This limitation is ruled out only if the application for the later mark was made in bad faith.

The IP Court of Turin addressed this matter in its recent judgment no. 4050/2025. The dispute involved two companies both operating in the paint and related products sector: one, the plaintiff, was the owner of the Italian word mark DULOX, registered as early as 1938; the other, the defendant, owned and had been using the later European Union trademark DULUX, registered in the ‘90s.

Read More
case-law Filippo Ponso case-law Filippo Ponso

Sports audiovisual rights and creative freedom in video games: the Court of Genoa rejects the motion by Lega Nazionale Professionisti Serie A

With its order of 27 June 2025, the Court of Genoa ruled on an unusual dispute concerning sports audiovisual rights and video game content, rejecting the motion for interim injunction filed by Lega Nazionale Professionisti Serie A against a gamer accused of violating its exclusive rights by illegally publishing online “highlights” created using the EA Sports FC25 video game to recreate the actions of football matches.

Read More
Margherita Stucchi Margherita Stucchi

Moral Suasion by the AGCM: San Benedetto removes the green claim “CO₂ Zero Impact” from the label and packaging of Ecogreen bottles

In a recent press release, the Italian Competition Authority (AGCM) announced that it had successfully concluded a moral suasion procedure with Acqua Minerale San Benedetto S.p.A., which agreed to remove potentially misleading green claims used to promote and market products in its Ecogreen line.

Read More
case-law Filippo Ponso case-law Filippo Ponso

Digital exploitation of musical works: Lucio Battisti's heirs win before the Italian Supreme Court

With order no. 12956 of 14 May 2025, the Italian Supreme Court ruled in a complex case concerning copyright and the digital exploitation of musical works, rejecting the appeal filed by Sony Music Entertainment Italy S.r.l. against Lucio Battisti's heirs and their companies Edizioni Musicali Acqua Azzurra S.r.l. and Aquilone S.r.l.

Read More
case-law Elena Martini case-law Elena Martini

UPC Court of Appeal: rehearing request dismissed in Alexion v. Samsung

The court highlighted that a rehearing is an extraordinary legal remedy that, under Article 81(1) UPCA, may exceptionally be granted only if a final decision is tainted by a criminal act or a fundamental procedural defect. it is not available for mere errors or disagreements over the interpretation of the law or the assessment of the parties’ arguments or evidence.

Read More
case-law Andrea Bramati case-law Andrea Bramati

Patent and Co-ownership: A Complicated Relationship

On February 18, 2025, Judgment No. 4131 issued by the First Civil Division of the Court of Cassation was published. The Court returned to the topic of co-owned patents, and particularly the applicability of the rules on co-ownership in such cases. The decision in question raised a legal issue of such significance as to justify a public hearing: in the case of patent co-ownership, may the invention be freely exploited by each co-owner, or, conversely, is the consent of the other always required?

Read More
case-law Elena Martini case-law Elena Martini

The Italian Council of State rules on ambush marketing and freedom of expression: the Zalando case

According to the CdS, the combination of the elements – position of the billboard near the Football Village, slogan used, football shirt, flags of the nations participating in the event – constituted communicative “framing” capable of persuading the average customer to believe, erroneously, that Zalando was the official sponsor of UEFA Euro 2020.

Read More