During a trademark opposition proceeding, the applicant of the opposed trademark can ask the owner of the earlier trademark, on which the opposition is based, to prove the serious and effective use of the title in relation to the goods and services for which it was registered. In lack of proof, the opposition is rejected. […]
Facebook and personal data: the Court of Justice limits Meta’s processing activities
With decision of July 4th 2023 (case C-252/21), the EU Court of Justice limited significantly the processing activities carried out by the companies of the Meta Group on personal data. The measure concerns mainly the so-called off-Facebook data, that is data relating to activities that Facebook users do outside the social network. The issue Facebook economic […]
Artificial Intelligence and Data Act: The European Strategy on Data
The Data Act represents an important contribution to the European regulation on data protection, which mainly deals with the creation of value resulting from the use of data. The Data Act joins the Data Governance Act, which entered into force on September 24th 2023. Together, they pursue the goal of facilitating and accelerating the circulation […]
Counterfeiting and quantification of a damage: even if the conduct is not culpable, the retroversion of profits is applied
With order published on July 18th 2023 (n. 20800/2023) the Italian Supreme Court of Cassation retraces the calculation criteria to be applied in the quantification of a damage compensable by the infringer, even when the activity of counterfeiting is not culpable. The case The Court examined an issue concerning the amount of compensation to be […]