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1 minute Martini Manna
The unlawful processing of personal data and the compensability of the resulting damage: the decision of the Court of Cassation
In a recent decision the Italian Court of Cassation declared that the breach of an individual’s right to privacy is a tort that gives rise to liability under article 2043 of the Italian Civil Code.
Sky Italia seeks AGCOM’s copyright protection for the Italian TV series “Gomorra – La Serie”
On the AGCOM official website a new communication regarding the start of preliminary proceedings has recently been published pursuant to the Regulation on the protection of copyright on electronic communications networks, which came into force on 31 March 2014.
Unfair competition and copyright infringement: the Court of Milan decides on the case of Fendi vs. Zara
In July the Specialized IP Division of the Court of Milan decided on a claim filed by the high fashion house Fendi against Zara, a famous clothing chain now widespread all over the world.
The Court of Milan on territorial jurisdiction and unfair competition in a case concerning pharmaceutical products
By judgment no. 9086/2014 of 26 June 2014, Business Chamber “A” of the Court of Milan addressed some interesting issues regarding territorial jurisdiction and unfair competition.
The Court of Milan on the registration of trademarks in bad faith
By judgment published on 14 July (R.G. no. 43968/11), the Business Chamber ”A” of the Court of Milan has recently dealt with the issue of bad faith trademark registration, stipulated in Article 19(2) of the Legislative Decree 30/2005 (Industrial Property Code, “CPI”).
Concomitance of Slavish Imitation and Design Infringement: a Case in Point
Recent ruling no. 8215/2014 of the IP Court of Milan is by no means a ground-breaking precedent, but it does provide a good example of cumulative protection of the design of a product.
Boycott and Unfair Competition according to the Court of Milan
A recent summary judgment of the Specialised Business Division of the Court of Milan (order of 9 July 2014, docket no.13161/2014) engages with the notion of boycott from a private law point of view. Conduct falling within this category may indeed be relevant from both the unfair competition and the antitrust laws perspective (see for an example of the latter here), under certain conditions. The Milan Court ruling deals with the former.
The court of Milan on interim non-infringement proceedings in Novartis v. Mylan: the applicant’s interest in the action and the danger in delay
By order of 19 June the Business Court of Milan pointed out the difference between interest in an action and the danger in delay in interim declaratory judgment actions for the ascertainment of non-infringement (already discussed here and here on this blog).
Apple’s retail store layouts and trademark protection: a recent decision by the CJEU
The Court of Justice of the European Union (the “CJEU”) recently ruled that the representation of the layout of a retail store may, under certain conditions, be registered as a trademark (judgment of 10 July 2014, Case C‑421/13).
The late submission of evidence in opposition proceedings against the registration of a trademark: a recent decision of the General Court of the European Union
By decision of 1 July 2014, the General Court of the European Union (“GCEU”) gave judgement regarding the late submission of evidence in opposition proceedings against the registration of a trademark.
A television report can constitute an advertisement, says the Court of Milan
On 8 July, the Business Chamber of the Court of Milan issued a judgement (No. 9020/14) in a particular case of unlawful comparative advertisement. Specifically, the particularity of the case was that the applicant did not challenge an “ordinary” advertising message, but a television report transmitted within a television programme.
Martini Manna Avvocati launches the “Legal Packages”
Martini Manna Avvocati launches its “Legal Packages”: fixed-price legal assistance packages, directed at companies and focused on handling all the requirements relating to their incorporation, setting up their website and their privacy policies.
The Court of Milan on the protection of company images and of the appealing function provided by the trademark
The Court of Milan (Specialized IP Division) recently upheld a motion for a preliminary urgent injunction requested by Banco di Desio e della Brianza against Federcontribuenti who was responsible, according to Banco, for publishing an article online that was gravely offensive to not only the image and reputation of the company, but also its trademark, which was reproduced in the article itself.
Hyperlinks and communication to the public: AGCOM applies the Svensson CJEU’s case law and dismisses proceedings
Application by Italian Communication Authority AGCOM (Autorità per le Garanzie nelle Comunicazioni) of the principle enunciated by the CJEU in the Svensson case has recently resulted in the dismissal of proceedings against an allegedly copyright-infringing website (decision No. 67/14/CSP).
CJEU’s recent ruling on unregistered Community designs: Karen Miller design case
The Court of Justice of the European Union (“CJEU”) has recently given its judgment on unregistered Community designs in the well know Karen Millen Fashions Ltd v Dunnes Stores case (C-345/13). As most readers of this blog are probably aware, the case dealt with the “individual character” required, under Council Regulation no. 6/2002, in order for Community designs to enjoy protection.
Parallel importation of medical devices: necessary repackaging vs “opportunistic” repackaging
A permanent legal conflict is ongoing in the European Union between manufacturers and parallel importers of medical devices, in which single battles are won or lost at the crossroad between trademark protection and freedom of trade in the internal market.
Disputes involving foreign companies: new rules regarding the territorial jurisdiction of Italian Specialized IP Division
Provisions that entered into force on 22 February 2014 have established exclusive jurisdiction for 11 Specialized IP Divisions in disputes involving companies whose registered office is abroad.
Martini Manna accredited with S.I.A.C. – the Guardia di Finanza’s Anti-Counterfeiting Information System
Martini Manna has been accredited with the S.I.A.C., the online Anti-Counterfeiting Information System of the Guardia di Finanza (the Italian Tax & Customs police force).
Mobile remote payments: more protection for users’ personal data under Italian new regulation
The Italian Data Protection Authority (Garante della privacy) has issued new rules for processing the data of individuals who use so-called mobile remote payment services via smartphone, tablet or PC. The regulation (General order on the processing of personal data in the context of mobile remote payment services) was issued after a public consultation and was published in the Official Journal of the Italian Republic on 16 June 2014.
The European General Court confirms the sanction against Intel for the abuse of their dominant position
By judgment of 12 June 2014 in Case T-286/2009, the General Court of the European Union (“EGC”) dismissed Intel’s appeal against the decision of 13 May 2009, by which the European Commission (“EC”) had imposed a fine of EUR 1.06 billion on Intel for anticompetitive practices. Specifically, the penalty was linked to Intel’s conduct between 2002 and 2007, considered capable of infringing Article 82 of the EC treaty and Article 54 of the Agreement on the European Economic Area, allegedly at the expense of its rival, AMD.