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9OctAsset deals: the right choice under italian law?When structuring an acquisition, vendors and acquirers often opt for an asset deal, taking into account their respective needs and the advantages offered by this type of structure...Article filed under: Mergers & Acquisitions
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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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8SepFinal regulations on the digital dividend beauty contestOn July 8 2011 the final regulations on the procedure for allocating the internal digital dividend was published in the Official Gazette. The assessment and allocation procedure – or beauty contest – will be held to allocate six digital terrestrial multiplexes to network operators for the purpose of establishing six national digital television networks. The…Article filed under: Technologies
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7SepProgrammi tv v.m. 14 e v.m. 18: quali regole?Il 1° agosto l’AGCOM ha pubblicato dei Chiarimenti interpretativi sulla trasmissione di film vietati ai minori di anni 18 e 14. L’Autorità è partita dal dato letterale del comma 1 dell’art. 34 del Decreto legislativo 31 luglio 2005, n. 177 (Testo unico dei servizi di media audiovisivi e radiofonici), ribadendo che (i) ai film senza…Article filed under: Television
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31AugProtectionism and parmalat: analysing the groupe lactalis takeover bidOn July 8 2011 French dairy company Groupe Lactalis confirmed the acquisition of 83.3% of Parmalat SpA’s stock capital on the conclusion of a !3.4 billion takeover bid. The transaction makes Groupe Lactalis the world leader in dairy products. Following Groupama’s attempted takeover of Premafin, EDF’s interest in Italian Edison and the takeover of Bulgari…Article filed under: Mergers & Acquisitions
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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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14JulSupreme court rules on jurisdiction in online defamation casesThe Supreme Court has declared that in online defamation cases, the competent court is the court of the accused’s place of residence.(1) The decision in question related to a person who was accused of defamation in two different proceedings; one was heard by the Criminal Court of Sassari (ie, the court of the accused’s place…Article filed under: Technologies
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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…
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17JunDefamatory suggestions: what liability for search engines?Following a recent case involving the search engine Yahoo! Italia, another Italian court has addressed the issue of search engine liability. On March 24 2011 the Court of Milan found Google liable for defamation because its auto-complete suggestions paired the plaintiff’s name with defamatory keywords. The court upheld its earlier interim injunction of January 25…Article filed under: Internet & Ecommerce
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