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1 minute Martini Manna
The FIGC and the violation of Article 102 TFEU: the recent decision of the AGCM
With the decision of 1 July 2024, the AGCM (Italian Competition and Market Authority) imposed a fine of more than EUR 4 million on the Italian Football Federation (FIGC) for violating Article 102 of the Treaty on the Functioning of the European Union, which prohibits the abusive exploitation of a dominant position.
UPC Paris LD issues merits decision on infringement and revocation in DexCom v. Abbott
The decision was issued in 12 months and revoked the DexCom patent, dismissing its infringement claim. The decision is now effective in the 17 EU Member States that have ratified the UPC Agreement; it may however be appealed.
The Italian Supreme Court rules on the copyright protection of a work included in an exhibition stand (and on the consequences of Cofemel)
The Court confirmed the judgment of the Milan Court of Appeal, which denied copyright protection to the lamp pictured on the left, in respect of the one on the right. It also mentions Cofemel and the need to disapply the artistic value requirement.
Brescia Court rules on counterfeiting of gym machines
The Court of Brescia found that the EU and international design lines for "Purestrength," "Selection," and "Selection Pro" gym machines had been infringed
The EUIPO's recent decision on Loro Piana's position mark
EUIPO rejected a European so called "position" trade mark application by Loro Piana on the basis of Article 7(1)(b) RMUE, according to which the registration of trade marks without distinctive character is prohibited.
The Court of Cassation on the infringement of the Rolex designs
In Judgment No. 24006/2023, the Court of Cassation dismissed the appeal of Swift Company S.r.l. against Rolex S.A. and Rolex Italia S.p.A., which had accused it of producing and marketing bracelets purportedly inspired by Rolex watch bezels and bearing the MGT sign, allegedly confusable with Rolex's GMT Master trademark.
The Court of Milan rules on compensation for damages from design infringement
The court found for design infringement and calculated damages based on the profits lost due to the infringers’ commercialisation, thus applying one of the criteria established by art. 125 Italian IP Code for damage calculation.
The Turin Court rules on packaging imitation
The court found that the ZzzQuil packaging is distinctive and that competitor’s product illicitly imitate it, as incorporates all its identifying elements.
Italian draft law on AI and its copyright implications
On 23 April 2024, the government approved a draft law to introduce provisions on artificial intelligence (AI). The draft law emphasises that the lifecycle of AI systems and models must respect the fundamental rights and freedoms of individuals enshrined in Italian and European law.
The Green Claims Directive
On 26 March 2024, the EU Directive 2024/825, which concerns "empowering consumers for the green transition through better protection against unfair practices and through better information" came into force. It amends Directives 2005/29/EC (unfair business-to-consumer commercial practices) and 2011/83/EU (consumer rights).
The name ‘Pablo Escobar’ may not be registered as a trade mark: the recent decision by the EU General Court
The Third Chamber of the General Court of the European Union dismissed the appeal filed by Escobar Inc. against the decision of the Fifth Board of Appeal of the EUIPO, which had confirmed the rejection of the application for registration of the trade mark 'Pablo Escobar'.
EPDB adopts an opinion on consent/payment models of online platforms
The European Data Protection Board (EDPB) has issued an opinion on the circumstances and conditions under which 'consent or payment' models, relating to behavioral advertising, may be implemented by large online platforms in a way that constitutes valid and freely given consent.
‘GENQUILA’, TEQUILA and the scope of ‘evocation’ according to the EUIPO
The EUIPO found that a trademark application for the sign ‘DUTCH GENQUILA’ should be rejected for all alcoholic beverages including wines as it evoked the PGI ‘TEQUILA’
The EUIPO upholds PRIO DONNAFUGATA's opposition against SPRIO SPRITZ's application for registration
The EUIPO recently upheld Opposition B 3142350 against the EU word trademark application no. 018334069 “SPRIO SPRITZ”, based on the Italian word trademark “PRIO DONNAFUGATA”, filed against goods in Class 33.
Pogba case: National Anti-Doping Court sentences footballer to 4 years disqualification, now what?
In August 2023, Paul Pogba, a well-known footballer of Juventus and the French national team, tested positive for testosterone, which is on the list of prohibited substances and practices established by the WADA
Accusations of racism in football: the Juan Jesus vs Acerbi case
With official press release no. 198 of 26 March 2024, the Lega Calcio Serie A made public the decision of the Giudice Sportivo (Sports Judge) regarding the well-known situation involving the players Juan Jesus of Napoli and Francesco Acerbi of Inter.
Diversity of goods: EUIPO rejects Galbusera's opposition to the trade mark "Antico Caffè Tre Marie"
On 24 March 2023, the EUIPO Opposition Division rejected the opposition filed by Galbusera S.p.A. against the EU word mark application "ANTICO CAFFÈ TRE MARIE".
AGCM interrupts the sale of the “Hot Chip Challenge”
In November 2023, the Antitrust Authority opened an investigation against the company DAVE'S S.r.l., distributor in Italy of the product called the "Hot Chip Challenge", which involved consuming an extremely spicy and unpleasant tasting crisp. The Authority argued that the company had engaged in conduct in violation of the Consumer Code.
UPC Court of Appeal lifts preliminary injunction in Genomics vs NanoString
By the order under discussion, the CoA overturned this decision finding that, contrary to the judgement of the CFI, the validity of the patent at issue was not established with a sufficient degree of certainty for the injunction to be issued.
Sponsorships in favour of Amateur Sports Associations: the Italian Supreme Court rules on the deductibility of costs.
In its judgment No. 3479/2024, the Italian Supreme Court recently ruled on the tax regime to be applied to the advertising expenses incurred by a commercial company in favour of two Amateur Sports Associations.