Copying an app constitutes copyright infringement on a database

Facebook has been convicted of copyright infringement on the database represented by the “Faround” application, as well as of committing acts of unfair competition to the detriment of Business Competence, a software house based in Milan which developed the app. This is what was established by the Court of Appeal of Milan in judgment no. […]

A trademark is only famous if you can prove it

When one wants to prevent others from registering a trademark similar to theirs that is very well known, the fame of the trademark – that certainly cannot be taken for granted – must be proved. In a recent case (opposition proceedings No. B 3-106 137), the EUIPO (European Union Intellectual Property Office) reiterated that in […]

Invalidity of a trademark filed in bad faith

The EUIPO Board of Appeal has recently clarified, in the course of proceedings No. T-273/19, certain aspects related to the filing of a trademark in bad faith. The need for such clarification rose in the face of the action for invalidity proposed in 2015 by a company against a European Union trademark filed and registered […]

Amazon responsible for online sales

With the recent order of October 19th 2020, the Milan Business Court recognized Amazon as an active hosting provider, condemning the platform manager as a precautionary measure to immediately cease the promotion and sale of some luxury products. The case concerned the presence on the well-known marketplace of some cosmetic and perfumery products bearing several […]