On January 23, 2025, the European Court of Justice (‘CJEU’) issued its ruling in the Neoperl case (C-93/23 P), establishing that absolute grounds for refusal can be assessed in any order, with no ground taking precedence over others. Specifically, the CJUE clarified that there is no requirement to examine the representation criteria before addressing the…
In the recent case Dish and Sling v. AYLO (Case No UPC-CoA-188/2024, Sept. 3, 2024) the Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that the UPC has international jurisdiction for alleged infringement actions that originate outside the UPC’s Member States. From Streaming Services To Courtroom: The Essential Details Of The Case…
What opportunities does the financed assignment model offer for Italian private antitrust enforcement? How can this tool address the challenges of information asymmetries and high litigation costs in antitrust cases? The article examines the role of the financed assignment model, analyzing the recent decision on the corrugated cardboard cartel and its impact on victims of…
Finally, on November 6, 2024, the decree of the Ministry of Enterprises and Made in Italy (‘MIMIT’) containing the operational provisions concerning the procedures for the protection of trademarks of particular national interest and value have been published on the Italian Official Gazette, n. 266. As explained in our latest article, the implementing decree of…
The implementing decree recently issued by the Ministry of the Enterprises and Made in Italy (so called ‘MIMIT’) on historical trademarks of national importance raises both lights and shadows. Published on July 3rd, the decree establishes criteria for the implementation for taking over the ownership and subsequent use of Italian trademarks of particular national interest…
Nothing more newsworthy than a decision on the ongoing Tour de France. On 12 June 2024, the General Court ruled out the likelihood of confusion, between the figurative mark ‘TOUR DE X’ and the earlier word and figurative marks bearing the expression ‘TOUR DE FRANCE’, upholding the decision adopted by EUIPO. An abridged recap of the proceedings:…
Another interesting decision of the EUIPO Board of Appeal about wines and farmers’ faces! On 15 March 2024, the Fifth Board of Appeal upheld the Opposition Division’s decision according to which there was no likely of confusion between a trademark consisting solely of a photograph of the face of an elderly man in traditional farmer’s…
The recent Order of the Italian Court of Cassation no. 11413 of 29 April 2024 set new limits on the eligibility of a work for protection under Italian copyright law. The “1954” lamp, produced and marketed by an Italian design company, is not plagiarism of the work created by the two Italian designers Achille and…
The Italian Supreme Court has ruled that Ferragamo’s flats can be marketed using the name and image of the world-famous actress Audrey Hepburn. Indeed, the occurrence of a commercial or advertising purpose does not suffice to preclude, as a rule, the reproduction of the name or image of a famous person, provided that there is…
The European Union curbs greenwashing: new Directive (EU) 2024/825 fights unfair practices on green claims. On March 6, 2024, the European Parliament and the Council adopted the Directive (EU) 2024/825 on empowering consumers for the green transition by improving protection against unfair practices and information. The purpose of the Directive is to promote green transactions…
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