With decision of 20 October 2023 (case r 850/2022-1), the first Board of Appeals of the European Union Intellectual Property Office (EUIPO) confirmed the decision of the Cancellation Division, establishing the invalidity of the three-dimensional trademark constituted by the famous Rubik’s Cube. The first decision of the EUIPO Cancellation Division The “magic cube”, invented in […]
Data Breach: the EU Court of Justice affirms the refundability of a non-pecuniary damage
On December 14 2023, the EU Court delivered a preliminarily judgement on case C-340/21 upon request of the Bulgarian Supreme Court, stating that the infringement of the principles established by the GDPR entails the compensation for the damages, also non-material ones, suffered by the interested party. Therefore, in case of data breach, the controller of […]
The use of others’ intellectual works in advertising contents
The boundary separating a legitimate reproduction of an iconic design work from the illicit exploiting for promotional purposes is very feeble. It is necessary to distinguish a justified and accidental reproduction from the intentional use aimed at gaining advantage from others’ reputation. An important Paris ruling has recently intervened on this matter, reaffirming and clarifying […]
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. […]