There are a number of fashion players that base their business on the very thin line running between tribute and misappropriation. In this context it is difficult to understand how quotations of well-known fashion trademarks made in a humoristic context should be treated, especially as the EU legislation did not provide any guidance on the parody fair use defence. At least, up to now.
In fact, Regulation (EU) No. 2015/2424 of the European Parliament and of the Council of 16 December 2015, now provides in its Recital 21 that “use of a trade mark by third parties for the purpose of artistic expression should be considered as being fair as long as it is at the same time in accordance with honest practices in industrial and commercial matters. Furthermore, this Regulation should be applied in a way that ensures full respect for fundamental rights and freedoms and in particular the freedom of expression“.
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In the near future the distribution of entertainment video contents, especially over the Internet, will represent the killer app for operators in terms of monetization both through advertising and Premium Pay offers. At the moment there are several viable monetization options for operators, based both on the provision of free, ad-sponsored video contents, flat fee and à la carte services and the implemetation of the so-called pay-as-you-go approach.
Great news from the 2016 Legalcommunity Awards: our Giangi Olivi is the 2016 Media Lawyer of the Year and TMT Lawyer of the Year, and our Roberto Valenti is the Life Sciences Lawyer of the Year. So, this is a good time for team celebrations (and of course selfies – see below). So, once again, THANKS TO ALL OUR FRIENDS AND CLIENTS that have been supporting us throughout these years.