New judgement for the trademark “Buddha Bar”: the invalidity of the trademark cannot be established ex officio

Another judgement has been pronounced for the “Buddha Bar” trademark. As some may remember, the famous trademark has already been the subject of a proceeding before the Court and the Court of Appeal of Milan, ended with the judgement n. 1277/2016 by the Court of Cassation, which confirmed the invalidity in Italy of the trademark […]

Telemarketing: the “new” Public Opposition Register makes easier to block it

Telephone marketing, for being highly privacy-intrusive for consumers, keeps being object of the Italian Data Protection Authority’s particular attention who included it in the new inspective plan of the first semester of 2018, approved in February. The Controlling Authority is receiving an increasing number of warnings from data subjects complaining an unwanted processing of their […]

The Spanish trademark “La Mafia” is invalid

By judgement of March 15, 2018, the EU Court rejected the appeal brought by La Mafia Franchise, Sl and confirmed the invalidity of the EU trademark “La Mafia se sienta a la mesa” no. 5510921 registered in classes 25, 35 because it is contrary to public policy. On July 23 2015, the Italian Republic filed […]

The protection of intellectual works: the Court of Cassation summarizes the guiding principles in the judgment of plagiarism

The Court of Cassation, by a judgment of 28 January 2018, No. 2039 pronounced on copyright and plagiarism of works of art at the end of a litigation brought by the successors of the painter Emilio Vedova, the well-known exponent of the pictoral and artistic movement known as “Informal art”. The dispute in question related […]