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1 minute Martini Manna
The Italian Competition Authority fines Mediamarket €3.6 million for unfair commercial practices
In a decision dated 18 October 2022, the Italian Competition Authority (ICA) fined the Company Mediamarket, which owns and controls the Mediaworld brand, 3.6 million euros for unfair commercial practices characterised by misleading and aggressive behaviour towards consumers.
Distinctive character and the relevant public: the registrability of a colour trademark for the General Court of the European Union
The European General Court, while reiterating that colour marks can only be registered exceptionally, emphasises that the key point must be the assessment of the distinctive character determined in relation to the goods/services claimed and the consumers concerned
The relationship between NFTs and trademark protection: the Juventus case
An important ruling by the Court of Rome that opens the way for an interesting debate regarding the applicability of certain judicial measures to products from the blockchain world
Invalidation of design pre-disclosed on social media platforms: the recent case decided by the EUIPO
The Board of Appeal of the EUIPO ruled on an interesting case concerning the pre-disclosure of EU designs.
Three-dimensional trademarks, iconic does not mean distinctive. The registration of Dior's “Saddle Bag” has been denied (for now)
Although iconic, for the EUIPO the shape of Dior's “Saddle Bag” does not deviate sufficiently from the industry standard to have original distinctiveness
The Italian Competition Authority fines Photoclaim for unfair practices
The Authority for the first time addressed the practice of serial cease-and-desist letters in the matter of online IP infringements, drawing an ideal line.
The protection of photographic works and the right to report: a recent ruling by the Milan Court of Appeal
The Milan Court of Appeals delimits the relationship between the protection of simple photographs and photographic works and the right to report.
The Eu Court on the distinctiveness of the trademark-slogan
The EU General Court clarified that in relation to marks consisting of signs that are used as trade slogans, the registration is not precluded by reason of such use as long as those marks are suitable for assuring consumers of the origin of the goods or services they designate.
Euipo: positive impact for SMEs with registered IP assets
According to the recent EUIPO Observatory study, 93% of SMEs with registered IP assets had a positive impact on their business.
The Supreme Court on the copyright protection of jewellery items
Last August 1st, with sentence No. 30289, the Supreme Court Criminal Section ruled on the possibility of granting copyright protection to jewellery items.
The protection of 3D trademarks corresponding to the shape of the product
it is often difficult to obtain the registration and judicial protection for 3D trademarks corresponding to the shape of the relevant product. Here are some of the most recent and well-known decisions on the matter issued by the Italian courts.
The Authority admonishes the famous video-sharing platform TikTok
The Authority, in an emergency measure adopted on 7 July, warned the famous Chinese video-sharing platform TikTok that it is illegal to use personal data stored without the data subject's explicit consent.
Copyright protection of design works and the Italian requirement of “artistic value” after Cofemel
(picture by Lisa Fotios - pexels.com)
Three years after COFEMEL, the Italian trial courts still seem far from recognising that copyright protection cannot be conditional on the existence of any artistic value. Here are the most relevant decisions on the matter.
The limitations to the use of images of famous people: the “Rivera” case
The Italian Supreme Court regarding Article 97 of the LDA has ruled how photographic portraits of famous people can be published without prior consent, provided there is a public interest and the individual's right to privacy is not violated.
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.