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1 minute Martini Manna

Margherita Stucchi Margherita Stucchi

The So-Called “Ferragni Law” Enters into Force: New Obligations for Products, Advertising and Influencer Marketing Linked to Charitable Initiatives

Law No. 120 of 19 June 2026, containing “Provisions on the Allocation of Proceeds from the Sale of Products”, entered into force on 21 July 2026. The law introduces specific transparency obligations for commercial initiatives in which the sale of a product is linked to the allocation of part of the proceeds to charitable organisations or initiatives.

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Margherita Stucchi Margherita Stucchi

Data Act and connected products: who can use the data generated by machinery and devices?

Cars, household appliances, medical devices, industrial plants and agricultural machinery continuously generate data during their use. Until recently, however, this information often remained under the exclusive control of the manufacturer or the provider of the related service.

The Data Act, namely Regulation (EU) 2023/2854, introduces new rules aimed at making such data more accessible and usable. The Regulation has applied since 12 September 2025 and affects, among others, manufacturers of connected devices, providers of applications and digital services, and businesses using smart machinery.

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case-law Andrea Bramati case-law Andrea Bramati

ANIMAL FARM and 1984: according to EUIPO, titles of literary works are not registrable as trademarks where the public does not perceive them as indicators of commercial origin

By decision of 27 May 2026, issued in joined cases R 1719/2019-G and R 1922/2019-G, the Grand Board of Appeal of EUIPO confirmed the partial refusal of registration of the signs ANIMAL FARM and 1984, corresponding to the titles of George Orwell's famous novels, in respect of a series of goods and services falling, among others, within Classes 9, 16, and 41 (as well as, for the ANIMAL FARM mark alone, Class 28).

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law Filippo Ponso law Filippo Ponso

Digital withdrawal rights: towards a new model of consumer protection

Legislative Decree No. 209 of 31 December 2025, implementing Directive (EU) 2023/2673, introduces significant changes to the rules governing distance contracts and the right of withdrawal in online transactions. In particular, for contracts concluded from 19 June 2026 onwards, traders will be required to incorporate a function dedicated to the exercise of the right of withdrawal into their digital interfaces.

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case-law Elena Martini case-law Elena Martini

The CJEU on Italian IP law: preliminary injunctions cannot become final without proceedings on the merits

The CJEU, following a referral from the Italian Court of Cassation, has clarified that Article 132(4) of the Italian IP Code is incompatible with EU law: a national provision cannot allow a preliminary injunction to remain in force if the right holder fails to bring proceedings on the merits within the prescribed time limit and the defendant applies for its revocation.

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Margherita Stucchi Margherita Stucchi

Green Claims: Italy implements the EU Directive and reshapes the rules of corporate environmental communication

With Legislative Decree No. 30 of 20 February 2026, in force as of 24 March 2026, Italy has implemented Directive (EU) 2024/825, also known as the “Green Claims Directive” (as we mentioned here), within the broader framework of the European Green Deal, aimed at strengthening consumer protection against unfair commercial practices related to environmental and sustainability issues.

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law, case-law Elena Martini law, case-law Elena Martini

The Unitary Patent and the Unified Patent Court: what is working, what is not, and what should come next

On 19 February 2026, I had the honour and privilege of being invited by the European Commission to discuss the UP and the UPC with some of Europe’s leading patent practitioners. This article sets out the reflections I shared on that occasion: where the system is already delivering, where the friction points are emerging in practice, and which technical adjustments would most effectively improve usability, predictability and legitimacy.

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Andrea Bramati Andrea Bramati

Milano - Cortina 2026: AGCM investigations into ambush marketing

The Milano - Cortina 2026 Winter Olympic and Paralympic Games have come to an end, but the ambush marketing chapter is far from closed. In the weeks leading up to - and during - the event, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato – AGCM) turned its spotlight on promotional initiatives allegedly capable of creating an undue association with the Olympic event by operators that were not official sponsors. We previously discussed the phenomenon here and here.

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case-law Andrea Bramati case-law Andrea Bramati

Functional Shape and Three-Dimensional Trademarks: Four “Twin” Judgments of the EU General Court on the Rubik’s Cube

By four judgments delivered on the same day – Cases T-1170/23, T-1171/23, T-1172/23 and T-1173/23 – the General Court of the European Union definitively confirmed the invalidity of four EU three-dimensional trademarks, all owned by Spin Master Toys UK Ltd and all relating to variants of the well-known cube-shaped puzzle.

‍These decisions are substantially overlapping, both in their reasoning and in the solutions adopted, and may be read as a single coherent intervention on the issue of functional shape within EU trademark law, a topic we have previously addressed, for example, here.

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case-law Luigi Manna case-law Luigi Manna

Commercial Partnerships and Ownership of Resulting Inventions:A Decision of the Milan Court of Appeal

Commercial collaborations frequently give rise to new technical or creative outcomes. When this happens, disputes often emerge as to who owns the intellectual property rights in those results.
In litigation, the answer almost invariably depends on the content of the parties’ agreements — and, just as importantly, on what those agreements fail to regulate.

A recent judgment of the Milan IP Court of Appeal (Judgment no. 68/2026 of 14 January 2026), provides a clear illustration of this principle.

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case-law Andrea Bramati case-law Andrea Bramati

Figurative elements do not preclude the descriptiveness of a composite sign: the General Court annuls the EUIPO decision on the “WASHTOWER” trademark

In its judgment of 12 November 2025 (Case T-252/24), the General Court of the European Union addressed the issue of descriptive trademarks, focusing on the delicate balance between evocative verbal elements and figurative components in composite signs.

The case concerned the European Union trademark WASHTOWER, registered in Class 20 of the Nice Classification for “furniture, namely furniture for washing machines or tumble dryers”, which was the subject of an application for a declaration of invalidity filed by LG Electronics Inc. (LG) on the basis of the absolute grounds for refusal set out in Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 (EUTMR).

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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.

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