When the product is also a work of art

With sentence of December 13th 2021, no. 10280/2021, the Court of Milan – by listing the criteria able to distinguish a successful product from a work of art – pointed out when a product destined to be on the market has artistic value. The case concerned the counterfeiting of a popular handbag created by the […]

The limits of the right to be forgotten in the digital era

With sentence no. 3952 of February 8th 2022, the Italian Supreme Court of Cassation expressed again its opinion on the right to be forgotten, restating the need to find a precise balance between the right of the interested party to be forgotten and the right to publication and acquisition of information. The case concerned the […]

Three-dimensional trademark: yes, to the registration of the iconic “Bulli” van

With decision of November 29th 2021, rendered in the proceeding R 2421/2022-1, the EUIPO (European Union Intellectual Property Office) returned to rule on the shape trademark accepting the appeal of a well-known German car manufacturer that challenged the rejection of the registration, as a three-dimensional trademark, of the iconic “Bulli” van. On the basis of […]

Digital rights survive death

With order of February 10th 2022, the Court of Rome ordered Apple to deliver to the widow of a user the access credentials of her late husband, stating that the rights related to the personal data of a deceased person can be exercised by subjects with family interests deserving protection. The case concerned a woman’s request […]