Slogans distinctive ability

Recently, the Court of Justice of the European Union, in Case No. T-253/20, had the opportunity to clarify some important aspects related to the registrability of a promotional slogan as a trademark. In particular, the issue raised following the filing in the European Union of the word mark “It’s Like Milk But Made For Humans” […]

EU Court of Justice: the usage of a protected work as evidence in a trial does not infringe copyright

The Court of Justice of the European Union (CJEU) stated that the transmission of a work protected by copyright to a court, as evidence in a judicial proceeding between individuals, does not fall within the concept of “communication to the public” referred to in Article 3(1) of Directive 2001/29 (so-called “Infosoc Directive”). The case The […]

YouTube does not have to provide all the data of users uploading pirated movies

With the judgment of 9 July 2020 (Case C264/19) the Court of Justice of the European Union clarified what data can be provided in the event of online infringement of intellectual property rights. The case The story concerned the publication on YouTube of files containing the full movies ‘Parker’ and ‘Scary Movie 5’. The two […]

Know-how protection and former employees

With judgment no. 16975 of 02/11/2020, the Court of Cassation clarified the boundaries of the protection granted to particular categories of business information. The Case The case examined by the Court concerned four former employees of a company active in the design and marketing of mechanical equipment which, after resigning, had produced a technologically sophisticated […]