The boundary separating a legitimate reproduction of an iconic design work from the illicit exploiting for promotional purposes is very feeble. It is necessary to distinguish a justified and accidental reproduction from the intentional use aimed at gaining advantage from others’ reputation. An important Paris ruling has recently intervened on this matter, reaffirming and clarifying […]
The Vespa Case: three dimensional trademark and copyright
The Italian Supreme Court of Cassation recently decided on the “Vespa” case of the company Piaggio, with ruling no. 33100/2023, excluding that a product that has acquired artistic value can be registered as a three dimensional trademark. Are the notions of artistic value and substantial value similar? In 2001, art. 2 of the law no. […]
Made In Italy: new dispositions on the Protection of Cultural Heritage and Fight Against Counterfeiting
On December 27 2023 law no. 206/2023 – which aims to enhance and promote the excellence productions and the Italian cultural heritage, as they are considered strategic for the growth of national economy – came into effect. This recent legislative intervention introduces a number of dispositions protecting the made in Italy, including the possibility to […]
Format of an Online Contest and Copyright
There are many rulings concerning the protection of a format at Italian level. In particular, the Court of Rome, with an important ruling of 2017 decided that a TV format needs to have an original creative core having novelty and must be connotated by expressive completeness in order to be protected by copyright. Moreover, it […]