Category Archives: Copyright & royalties

No Copyright for Birkenstock Sandals

On February 20, 2025, the Bundesgerichtshof (BGH), the German Federal Court of Justice, issued a ruling confirming the appeal decision, which does not recognize copyright protection for the well-known Birkenstock sandal models. The Case The plaintiff, a company belonging to the Birkenstock group, challenged the online sale and production by the defendant of sandal models […]

Venice Court Rules on Alleged Copyright Infringement and Unfair Competition

In an order dated November 28, 2024, the Venice Court ruled on a preliminary injunction proceeding concerning an alleged violation of copyright, counterfeiting and unfair competition involving a Christmas book and an associated doll. The plaintiff argued that the contested work reproduced, without authorization, the distinctive elements of the story contained in their book and […]

Copyright of Online Photographs

copyright of online photographs

With ruling no. 5635 of June 3, 2024, the Milan Court addressed the issue of the unauthorized reproduction of photographs taken from the internet and distributed to various news outlets without the indications required by Article 90 of the Copyright Law or the so-called “digital watermark”, the digital mark that identifies the author. The Court’s […]

Protection of Foreign Works of Art: The Kwantum Nederland and Kwantum België Judgment

protection of foreign works of art - European copyright

On October 14, 2024, in the case of Kwantum Nederland and Kwantum België (C-227/23), the Court of Justice of the European Union (CJEU) issued a judgment clarifying important aspects of the protection of foreign works of art within the Union. The Case A Swiss company producing design furniture, holder of intellectual property rights over certain […]