The Vespa Case: three dimensional trademark and copyright

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. […]

Made In Italy: new dispositions on the Protection of Cultural Heritage and Fight Against Counterfeiting

On December 27 2023 law no. 206/2023 – which aims to enhance and promote the excellence productions and the Italian cultural heritage, as they are considered strategic for the growth of national economy – came into effect. This recent legislative intervention introduces a number of dispositions protecting the made in Italy, including the possibility to […]

Format of an Online Contest and Copyright

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 […]

The role of social media communication in the Chiara Ferragni branded “Pandoro” case

With provision of December 15th 2023, the Italian Competition Authority (AGCM) fined Balocco S.p.A and the companies managing the trademarks and image rights of Chiara Ferragni (Fenice s.r.l. and TBS Crew S.r.l.) for the unfair commercial practice implemented, on the influencer’s social media accounts also, to promote “Pandoro Pink Christmas”, an Italian Christmas dessert. The […]