The Court of Miami exonerates Cattelan’s Banana

By ruling of June 9th 2023, the District Court of Florida stated that the work of art “Comedian” by Cattelan -representing the famous banana taped on a wall – does not infringe the copyright on Joe Morford’s work Banana and Orange. The case: Maurizio Cattelan’s Comedian accused of copyright infringement In 2001 the US conceptual […]

How does the Italian DPA calculate fines? From Uber to the Cimitero dei Feti case

On May 24th 2023 the European Data Protection Board (EDPB) adopted theGuidelines 04/2022 with the goal to provide to national data protection authorities uniformed criteria to calculate the fines connected to GDPR infringements. GDPR infringements: Fines framework In case of an ascertained infringement of the GDPR, the authorities of the Member States have the power […]

“Pablo Escobar” Trademark Cannot Be Registered in the European Union

With decision of April 28th 2023, Euipo rejected the registration application of European Union trademark “Pablo Escobar Plata o Plomo Medellin” as considered to be contrary to public policy and principles of morality. The EU trademark “Pablo Escobar Plata o Plomo Medellin” case On August 8th 2022 the application for registration of the figurative trademark […]

Musical Plagiarism of an Unpublished Work

The Court of Milan recently ruled on a case of alleged musical plagiarism concerning a song considered to be similar to another song previously filed as unpublished work at SIAE. The requirements of musical plagiarism Preliminarily, the Court restated some important principles in order to establish the existence of musical plagiarism. On one hand, it […]