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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

In a recent order commented upon here, the IP Court of Cagliari ruled in a copyright dispute between Mrs. Maria Sofia Pisu, granddaughter of the late artist Maria Lai, and Fondazione Stazione dell’Arte, a foundation established by Maria Lai herself to contribute to the dissemination and knowledge of her […]

By |20 05 2021|Uncategorized|0 Comments|

Chanel looses against Huawei: the relevant trademarks are not similar

With a recent decision, commented upon here (case T-44/20), the EU General Court dismissed the opposition to the registration of the  below Huawei’s EU figurative trademark in class 9 of the Nice Classification, filed by the well-known fashion house Chanel.More specifically, Chanel’s opposition was based on the following grounds:

Huawei’s […]

By |05 05 2021|Uncategorized|0 Comments|

EUIPO erroneously declared invalid Lego’s EU design of a brick

With a decision of last 24 March, case T-515/19, the EU General Court annulled the decision by which the EUIPO Board of Appeal had found invalid Lego’s EU design of a brick reproduced below, registered in 2010 by Lego A/S in class 21.01 of the Locarno Convention (“building blocks […]

By |29 04 2021|Uncategorized|0 Comments|

The IP Court of Rome rules on the protection of non-creative photographs

With decision no. 4361/2021, published on 4 March 2021, the IP Court of Rome ruled on the protection of photographs pursuant to Copyright Law no. 633/1941 and ascertained that the author of a so-called “simple photograph” has the right to compensation for damages deriving from its unauthorised publication by […]

By |14 04 2021|Uncategorized|0 Comments|

EU General Court confirms that “WINDSOR – CASTLE” can be registered as a trademark

With a recent decision of last 24 March (T-93/20), the EU General Court granted the appeal filed by the company Albert Darboven Holding GmbH & Co. KG against EUIPO’s refusal to register the word trademark “WINDSOR – CASTLE” and consequently annulled the relevant decision of the EUIPO’s Board of […]

By |12 04 2021|Uncategorized|0 Comments|

Undeclared payment fees: the Parclick case

With a decision dated last November 17 (available at this link), the Italian Antitrust Authority (AGCM) 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 in order to make – a website […]

By |03 02 2021|Uncategorized|0 Comments|

The Italian Antitrust Authority fines Apple 10 million EUR

By Laura Spagnoli and Elena Martini
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 […]

By |22 12 2020|Uncategorized|0 Comments|

Prize competitions: the Italian Antitrust Authority closes investigations on Vodafone’s misleading communications

With decision no. 28358 of 2020, the Italian Antitrust Authority closed the proceedings against Vodafone Italia S.p.A. relating to its “Happy&Win” prize contest held in 2019. The proceedings were initiated in September 2019 (during the prize competition) against the well-known telecommunications operator following a number of reports received from […]

By |03 11 2020|Uncategorized|0 Comments|

According to the EUIPO, Banksy’s “Flower Thrower” trademark is invalid since it was registered in bad faith

A very recent decision of the EUIPO Cancellation Division (no. 33 843 C) ascertained the invalidity of trademark no. 12575155,  registered by the company Pest Control Office Ltd. (the company acting on behalf of the well-known street artist Banksy), because it had been filed in bad faith pursuant to […]

By |30 09 2020|Uncategorized|0 Comments|

The Italian Supreme Court reaffirms that Elio Fiorucci cannot use his surname as a trademark

With the decision no. 10298/2020, the Italian Supreme Court reaffirmed that the use of the surname “Fiorucci” as a trademark by Mr. Elio Fiorucci is unlawful, recalling the principle already stated in the decision no. 10826/2016 issued in the parallel proceeding between Mr. Fiorucci and Edwin Company Ltd (that […]

By |28 09 2020|Uncategorized|0 Comments|

Schrems II: consequences of the invalidation of the Privacy Shield

With the decision of last July 16 (C-311/18), the EU Court of Justice invalidated decision no. 2016/1250 with which, according to art. 45 GDPR, the EU Commission had stated that the Privacy Shield – i.e. the EU-USA agreement ruling on data transfers between the European Union and the USA […]

By |17 09 2020|Uncategorized|0 Comments|

EUIPO dismiss Amazon’s application for the registration of its motion mark

With a decision dated April 28, the EUIPO’s Second Board of Appeal rejected Amazon Technologies Inc.’s application for the registration of the motion logo represented below, due to its lack of distinctive character under Article 7(1)(b) of Regulation no. 1001/2017 on EU trademarks.

As shown in the image above, the […]

By |21 07 2020|Uncategorized|0 Comments|