Regulation (EU) 2019/933, which amends Regulation (EC) n. 469/2009 on the supplementary protection certificate (SPC) for medicinal products, came into force on 1 July 2019.

The Court ruled in a copyright dispute between Mrs. Maria Sofia Pisu, granddaughter of the late artist Maria Lai, and the foundation established by Maria Lai herself.

The Court upheld the claims of the well-known jewellery manufacturing company Stroili Oro against counterfeiting acts, parasitic competition and slavish imitation of two competitors.

The Court dismissed the opposition to the registration of the below Huawei’s EU figurative trademark in class 9, filed by the well-known fashion house Chanel

The Court concluded that EUIPO had not ascertained that all of the features of appearance of the contested design were solely dictated by the technical function of the relevant product.

The Court stated that the slogan “It’s Like Milk, But Made for Humans” has the minimum degree of distinctive character required for it to be registered as a trademark.

The Court ascertained that the author of a so-called “simple photograph” has the right to compensation for damages deriving from its unauthorised publication by another party.

The ECJ returns to the subject of the framing of works protected by copyright

The Court ruled in favour of the petitioner Nexthing Ltd which had requested an urgent declaration of non-infringement, by its homonymous word and figurative trademarks, of the NEXT (word and figurative) trademarks belonging to the defendant Next Holding SpA

The Court endorsed the applicant’s arguments and stated that the words “WINDSOR – CASTLE” did not describe the products claimed in the application or their characteristics.

The European Commission provided some practical indications to follow in order to realise green marketing campaigns in line with the applicable laws

The ICA fined the GoFundMe Ireland Ltd for unfair commercial practices against consumers, concerning the management of some online fundraising campaigns.

The CJEU ruled on the interpretation of Art. 13(1) of the EU Regulation no. 1151/2012 on quality schemes for agricultural products and foodstuffs, regarding the infringement of a PDO

HP was fined for misleading and aggressive commercial practices against consumers, in relation to the sale of some printer models in Italy

The ICA closed the investigation against the Spanish company Parclick S.L. for the infringement of the Italian Consumer Code and accepted the commitments proposed by the latter

By its decision no. 28368 of 30 September 2020 the Italian Competition Authority (ICA) accepted the commitments made by Electronic Arts Inc, Electronic Arts Swiss Sarl and Electronic Italia Srl (EA group) and closed without ascertaining any infringement the proceedings regarding the promotion in the Italian market of several videogames that offer the possibility to make in-game purchases including through loot boxes.  

With decision of last October 27 (the Italian version is available here), the Italian Competition Authority (AGCM) issued an administrative fine of 10 million euros (the maximum amount possible) against Apple for breach of the Italian Consumer Code, and more specifically for misleading and aggressive commercial practices.

With decision no. 14758 of 12 September 2019, the IP Court of Rome dismissed the lawsuit brought by a photographer against RAI-RADIOTELEVISIONE ITALIANA SPA (RAI) for compensationary damages deriving from the use of a photo, portraying the Italian judges Giovanni Falcone and Paolo Borsellino.

With a recent decision (C-673/17) dated October 1 2019, the European Court of Justice ruled on a reference for a preliminary ruling proposed by the Bundesgerichtshof (the German Supreme Court), concerning the validity of the consent to use cookies, given by means of pre-ticked checkboxes.

A recent summary ruling of the Brescia, Italy, IP Court, offers some insight in the matter of proof of acquired distinctiveness in trademark cases before the Italian IP Courts.