Category Archives: Copyright & royalties

The use of others’ intellectual works in advertising contents

copyright in advertising

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

three dimensional trademark

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. […]

Format of an Online Contest and Copyright

online contest

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 […]

Protection of a database: the Court of Rome clarifies the Requirements

protection of a database

By ruling no. 14697 of October 16th 2023, the Court of Rome clarified the requirements for the protection of a work as a database. The case A company and an expert chemist – in the course of a collaboration – started an educational project relating to cosmetics and detergents. In particular, on the company’s website, […]