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1 minute Martini Manna
Balotelli and the de facto trademark “MB45” – footballer wins before the Court of Rome
The Court of Rome declared the invalidity of the trademark “MB45” registered by an Umbrian pizza maker in proceedings commenced by Mario Balotelli, also known to the public by the pseudonym “MB45”.
Online reputation rating: it is lawful if the operating mechanism of the algorithm is disclosed, says the Italian Supreme Court
The Court ruled on the lawfulness of the personal data processing carried out through an online platform for measuring the reputation rating.
New Italian Data Protection Authority’s Guidelines on the use of cookies
The Italian DPA issued its new Guidelines on the use of cookies, thus updating – following the entry into force of EU regulation 679/2016 (GDPR) – the guidings previously issued in 2014
Balance of interests in injunction orders: a recent ruling by the Turin IP Court
The Court expressly exempted from the injunction the supplies of valves already made in favour of some hospitals, in accordance with art. 124 (6) Italian IP Code.
Regulation (EU) 2019/933 comes into force: limitations for supplementary protection certificates
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 donation of works of art does not include the transfer of the copyright assigned to them. The Court of Cagliari rules on Maria Lai’s works
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 Venice Court of Appeal protects Stroili Oro Jewellery against counterfeiting and acts of unfair competition
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.
Chanel looses against Huawei: the relevant trademarks are not similar
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
EUIPO erroneously declared invalid Lego’s EU design of a brick
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.
According to the EU General Court the slogan “It’s Like Milk, But Made for Humans” has a distinctive character and can be registered as a trademark
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 IP Court of Rome rules on the protection of non-creative photographs
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.
Framing may constitute a communication to the public and shall be authorised by the right holder, says the CJEU
The ECJ returns to the subject of the framing of works protected by copyright
The Nexthing trademark does not infringe the Next trademark, says the IP Court of Rome
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
EU General Court confirms that “WINDSOR – CASTLE” can be registered as a trademark
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.
Green marketing in Italy: how to avoid unlawful “green washing”
The European Commission provided some practical indications to follow in order to realise green marketing campaigns in line with the applicable laws
The Italian Competition Authority fines GoFundMe for the hidden costs in donations
The ICA fined the GoFundMe Ireland Ltd for unfair commercial practices against consumers, concerning the management of some online fundraising campaigns.
The protection granted by a PDO may extend to the shape of a product, says the CJEU
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
The Italian Competition Authority fines HP 10 million Euros for misleading and aggressive commercial practices
HP was fined for misleading and aggressive commercial practices against consumers, in relation to the sale of some printer models in Italy
Undeclared payment fees: the Parclick case
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
The Italian Competition Authority accepts the commitments made by Electronic Arts for greater transparency of in-game purchases
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.