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1 minute Martini Manna
EUIPO on the distinctiveness of Absolut Company Aktiebolag's vodka bottles
Euipo expressed on the distinctiveness of a vodka bottle, focusing on color combinations.
The "Ballon D'Or" trademark is saved by the bell: The EU General Court declares its validity for entertainment services.
The French company Les Éditions P. Amaury was able to have the EU Court partially overturn Euipo's earlier decisions by demonstrating the actual use of the "Ballon D'Or" trademark for entertainment services under Class 41 of the Nice Classification.
The new Patent Box regime
The current version of the Italian Patent Box regime provides for a tax bonus of 110% for research and development costs related to certain types of intangible assets. In essence, a cost of 100 would be recognised as costs of 210 for tax purposes.
Boom in notifications to Privacy Authority for data breaches: findings from Annual Report 2021
The Privacy Authority's Annual Report showed a significant increase in data breach notifications in 2021, a 50% more than in er 2020.
The principle of trademark validation according to the EU Court of Justice: the case of the Heitech trademark
The Court of Justice has outlined the characters of the concept of "acquiescence" as expressed in Directive 2008/95 and Regulation 207/2009, with particular regard to its application following the sending of a letter of formal notice and the filing of the writ of summons.
The Italian Data Protection Authority questions GDPR compliance of Google Analytics
The Italian Data Protection Authority (“Garante”) recently ruled on the use of Google Analytics, the web analytics service offered by Google to website operators, which enables the generation of detailed statistics about users.
Trademark revocation for non-use: Apple will have to “Think Different”
The General Court of the European Union confirmed the revocation of Apple's iconic “Think Different”
Italian fund for Artificial Intelligence, Blockchain and Internet of Things
As of 21 September 2022, subsidies allocated through the Fund for the Development of AI, Blockchain and IoT can be requested from the Italian Ministry of Economic Development.
Protecting AI as trade secrets
The development of AI requires significant investment from companies, which have an urgent need to better protect the related intellectual property. Here are some pros and cons of its protection through the use of trade secrets.
Protecting and exploiting your IP rights with blockchain technologies
Blockchain technologies can be used to protect and enforce IP rights, mainly because, due to its design and structure, a blockchain is immutable.
The Italian Competition Authority sanctions Zalando for ambush marketing
With its first decision on the topic of ambush marketing, the Italian Competition Authority lays down guidelines for advertising campaigns
The CJEU on the coexistence of unregistered local earlier rights with later registered national trademarks
The CJEU has recently issued on coexistence of unregistered local earlier rights with later registered national trademarkss
Protecting your blockchain: IP rights in Italy
Various exclusive rights can be granted over blockchain technologies in Italy, including in the case of public blockchains
The Italian Court of Cassation protects K-WAY’s coloured bands
The Italian Court of Cassation ruled in favour of the protection of K-Way’s “coloured stripe” figurative trademarks in proceedings against Armani
The Italian Competition Authority fines Tiger Group S.r.l 1 million euros for misleading practices
AGCM fined Tiger for two separate unfair commercial practices, in breach of the rules of the Consumer Code.
The protection of a shape trademark: the “Le Pliage” case
The Court of Milan has recently issued sentence no. 10280/2021 on the protection of three-dimensional trademarks corresponding to the shape of the well-known “Le Pliage” bags.
“Private copying” exception: applicability to cloud storage
The ECJ ruled on whether the storage of content in the context of cloud computing services falls within the exception for “private copying” referred to in Article 5(2)(b) of Directive 2001/29/EC.
The Italian Competition Authority fines Iliad 1.2 million euros for misleading practices
AGCM fined the Iliad for omission and/or misleading disclosure of certain essential information relating to mobile phone offers in relation to 5G technology.
Summary enforcement of sui generis database rights in Italy: a recent ruling of the IP Court of Rome
The IP Chamber of the Rome District Court issued an interesting summary judgment order concerning the protection of a database maker’s sui generis rights.