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23FebCosta concordia documentary: media issues surrounding investigationsOn January 13 2012 the cruise ship Costa Concordia struck a rock and ran aground near the western coast of Italy. The circumstances of the grounding and the subsequent rescue operation attracted intense media interest in Italy and abroad. Several legal issues have arisen in connection with the broadcast of a television documentary about the…
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12DecActive or passive? Court of rome rules on role and liability of ispsOn October 20 2011 the Court of Rome issued a decision that will contribute significantly to the ongoing debate – both in Italy and the rest of Europe – on the role and liability of internet service providers (ISPs). The lawsuit was initiated by a request for precautionary measures filed by RTI, Italy’s main private…
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6OctProtection of television programmes on video-sharing platformsOn September 15 2011 the Court of Milan published its grounds for a decision issued on May 19 2011, in which Yahoo! Italia Srl was found liable for infringement of copyright held by Reti Televisive Italiane SpA (RTI) in respect of television programmes that were uploaded and displayed on Yahoo! Italia’s online video-sharing platform...Article filed under: Intellectual Property
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9SepECJ rules on trademark protection online and intermediaries’ liability – l’Oréal v EbayOn July 12 2011 the Court of Justice of the European Union (ECJ) ruled on trademark protection on the Internet and the extent to which operators of online marketplaces can be held liable for trademark infringements by users (Case C-324/09, L’Oréal SA, Lancôme parfums et beauté & Cie SNC, Laboratoire Garnier & Cie, L’Oréal (UK)…
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16MarSelective distribution for cosmetics and eu competition rules on online salesOn March 3 2011 the European Court of Justice (ECJ) Advocate General Ján Mazák issued a non-binding opinion on Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la Concurrence and Ministre de l’Économie, de l’Industrie et de l’Emploi (Case C-439/09). In it, Mazák argues that selective distribution agreements which impose a general and absolute…
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28JanItalian supreme court rules on product originThe ‘made in Italy’ label is considered a national economic resource, so much so that numerous laws have been passed to protect consumers and Italian enterprises from misleading indications of origin on products. Pursuant to Section 4(49) of Law 350/2003 (as amended),1 the use of the ‘made in Italy’ label on products that are not…
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27Jan“Not for sale”: us and eu approaches to trademark and copyrightOn January 4 2010 the US Court of Appeals for the Ninth Circuit established that the distribution, by the copyright owner, of promotional CDs for marketing purposes involved a transfer of ownership of such CDs to the recipients, regardless of the fact that such copies were labelled ‘promotional use only – not for sale’, thus…
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19JanTesters and unboxed cosmetic productsAccording to EU case law, the sale of tester bottles of perfume may infringe trademark rights in certain circumstances. In particular, infringement issues may arise in connection with: a trademark owner’s express prohibition of sale; a trademark owner’s right to recall a tester; the presentation of the product; and the absence of required consumer information…
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29OctThe value of “made in …”Introduction On September 29 2010 the EU International Trade Committee approved a proposal for an EU-wide system of origin labelling for goods imported from third countries. The proposed EU regulation would affect specific categories of goods, such as clothing, textiles, footwear, ceramics and jewellery, and would apply to products destined for end users. It aims…
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