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15MarECJ rules on Italy’s gaming regulationsBackground On February 16 2012 the Court of Justice of the European Union (ECJ) issued its latest preliminary ruling on the compatibility of Italy’s legal framework for gaming with the right of establishment and the freedom to provide services. The new ruling confirms principles already established in the landmark Gambelli(1) and Placanica(2) decisions (see “ECJ…
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23FebAlcuni trend in materia di responsabilità dell’internet service providerIn tempi recenti, le corti italiane hanno emesso alcune interessanti pronunce in materia di responsabilità dell’Internet Service Provider (ISP). Tali pronunce hanno evidenziato una distinzione, in realtà non presente in alcuna norma di legge ma fondata su una constatazione fattuale del ruolo svolto dall’ISP, tra: (i) “ISP attivo”, che svolge un ruolo attivo nella trasmissione…Article filed under: Internet & Ecommerce
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13DecFrench court finds Google has editorial control over adwords advertisingOn November 14 2011 the Tribunal de Grande Instance de Paris (TGI) ruled against Google France and Google Ireland, finding that their AdWords service allowed a company to use an individual’s name as a keyword to trigger links to an article and photographs that infringed the individual’s rights to private life.Article filed under: Internet & Ecommerce
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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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21NovEuropean court of justice on online sales in the context of a selective distribution networkOn October 13 2011 the European Court of Justice (ECJ) ruled on restrictions on online sales, clarifying that selective distribution agreements imposing a general and absolute ban on the sale of cosmetics and personal care products by selected (authorised) distributors to end-users via the internet might result in contrast with EU competition rules. The ECJ…Article filed under: Internet & Ecommerce
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15NovUse of registered trademarks in domain names – when and how to obtain seizureAn Italian court has recently held that if a website wrongfully uses a registered trademark in its domain name, and if a court order is sought to require an Italian internet service provider (ISP) to block access to the website, such an order cannot be granted unless the applicant produces evidence of the website’s illicit…Article filed under: Internet & Ecommerce
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11NovInvestigation into Apple over iPod and iPad Warranties?On September 9 2011 an Italian consumer association, the Centro di Ricerca e Tutela dei Consumatori e degli Utenti, published a press release announcing that the Italian Competition Authority had initiated an investigation into four companies on the basis of the association’s claim of alleged unfair commercial practices relating to warranties for Apple iPods and…Article filed under: Internet & Ecommerce
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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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28JulCourt rules on television programmes on video-sharing platformsOn January 20 2011 the Court of Milan ruled against ItaliaOnline Srl (IOL) for infringement of copyright held by Reti Televisive Italiane SpA (RTI) in respect of television programmes uploaded and displayed on IOL’s online audio and video-sharing platform. The grounds for the decision were published on June 16 2011. The court held that the…Article filed under: Internet & Ecommerce
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20JunSelf-regulatory framework for behavioural advertising – greater transparency and control for usersOn April 14 2011 IAB Europe, a body representing the European digital industry, released a Europe-wide self-regulatory framework for online behavioural advertising (OBA). The framework includes best practices for enhancing transparency and greater user control over OBA within the European Economic Area. The OBA framework is the result of a collaboration between IAB Europe and…