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28GenItalian 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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27Gen“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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19GenTesters 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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