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…
Legal battle between multinational companies in the biotech industry: one of the first rulings of the Court of Appeal of the Unified Patent Court, an order dated 26 February 2024, clarified that the party requesting a precautionary measure must, at least summarily, provide proof of the validity of the patent enforced, as the burden of…
The previous legislation: various levels of protection for craft and industrial products The Geographical Indications grant intellectual property rights protection for specific products, whose qualities are essentially linked to the area of production and enable the consumers to easily recognize the place where they are made. Some European laws already exist to protect geographical indications…
In recent years, an increasing number of consumer protection institutions and enforcers have proactively monitored the influencer marketing landscape, scrutinizing content on social media platforms both at national and European levels and taking enforcement actions against those who fail to comply with regulations. With the influencer marketing sector on the cusp of reaching a global…
The debate over Intellectual Property has been particularly heated over the past year: as of this summer, Italy has also seen significant changes in this area. On August 23, 2023, the law amending the Intellectual Property Code came into force, representing the culmination of the strategic lines of action on Intellectual Property planned by the…
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