Consumers

Milan Fashion Week and Fashion Law Trends: how fashion brands can promote sustainability while protecting their trademarks

For the last article in our fashion law column we wanted to talk about one of the biggest trends of the moment: vintage and second hand. The fashion industry is the world’s second largest polluter just after the oil industry and is responsible for the 10% of all humanity’s carbon emissions. These discouraging figures can …

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Milan Fashion Week and Fashion Law Trends: is “Le Pliage” case a return to the past of copyright protection?

By Giulia Gialletti and Merel Lommen The French fashion company Longchamp is well known for its Le Pliage tote bag, which has been one of the brand’s best-selling items since its launch in the nineties. However, in the recent decision of the Court of Milan of 13 December 2021, it became clear that the commercial …

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Milan Fashion Week and Fashion Law Trends: Textile Waste and Circular Fashion

By Arianna Angilletta and Chiara D’Onofrio Nowadays, the textile sector represents the second most polluting industry in the world after the oil industry and is responsible for 20% of global water waste – due to the various processes the products undergo such as dyeing and finishing – and 10% of carbon dioxide emissions (more than …

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Milan Fashion Week and Fashion Law Trends: E-textile and Smart Clothing – How Your Clothes Can Improve Your Life

As we already discovered during pandemic, technology has been an effective way out for fashion brands to advertise and sell products in a historical period that has limited the shopping physical experience. In fact, innovative technology within the fashion industry is more apparent than ever. From updating retail experiences, to wearable technology like smartwatches and …

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HFSS products: The Italian advertising authority issues regulation on the commercial communication of foods and beverages addressed to children

By Elena Varese and Andrea Michelangeli The Istituto di Autodisciplina Pubblicitaria, i.e. the Italian advertising standards authority (“IAP“) has recently issued a new piece of regulation aimed at specifically providing guidance on the commercial communication of food and beverage products addressed to children, which entered into force on 9 February 2021 (“Regulation“), thus extending the …

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Il TAR Lombardia non ha sospeso l’E-commerce

by Giacomo Lusardi and Alessandro Ferrari In queste ore si legge su varie testate online, più o meno autorevoli, che il TAR della Lombardia avrebbe “bocciato” l’ordinanza della medesima regione dello scorso 11 aprile 2020, per aver esteso l’e-commerce anche ai beni che non rientrano tra quelli essenziali o strategici di cui all’Allegato 1 del …

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Top 3 Legal Predictions on Electronic Cigarettes and Novel Tobacco Products for 2020

By Francesca Romana Ferrucci and Alessandro Ferrari 2019 was a very interesting year for tobacco, electronic cigarettes (“e-cigs”) and novel tobacco products (“NTPs”) all around the world. Going from new products in the process of accessing new markets, moving on with the mayhem concerning severe health issues allegedly connected to the use of e-cigs. The …

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Milan Fashion Week and Fashion Law Trends – Wearable and Smart Clothing: The Next Frontier of Fashion

As we already discovered in some of our previous articles on tech & fashion, innovative technology within the fashion industry is more apparent than ever. From updating retail experiences, to wearable technology like smartwatches, technology and innovation are continuously inspiring and influencing trends and fashions. In fact, as Marty McFly introduced smart clothing that could …

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Milan Fashion Week and Fashion Law Trends – Can Artificial Intelligence create a style? The relationship between fashion and technology

As we already discovered in some of our previous articles, from 3D avatars to wardrobe advisers, passing through CGI and Robot IT girls, artificial intelligence (“AI”) is shaping our outfits and looks.

Indeed, AI is transforming the fashion industry in every element of its value chain and marketplace. In last years, all retail giants are using AI to improve the efficiency of sales systems and processes and to enhance clients’ shopping experience, offering a personalized service tailored on their interests and preferences.

Most of the biggest fashion houses – from H&M to Tommy Hilfiger – are now investing in algorithms that suggest styles to their customers.

FinTech: Who is responsible if AI makes mistakes when suggesting investments?

The recently reported legal action brought for damages due to wrong investments resulting from algorithms-based automated decision-making processes is one of the first known cases of this type. The case has received some attention from the media worldwide and has contributed to reopen the debate on the issue of liability connected to the use of Artificial Intelligence systems (“AI”). The question at issue is, in brief: who is held liable for the damages caused by AI and who shall compensate such damages, if any.

DLA Piper eSports law booklet

The eSports market has grown at a tremendous pace over the past few years becoming a half billion dollar industry and it is quickly seducing an increasing number of fans, operators and investors. Beside the huge growth, the industry is rapidly evolving, going from content consumed largely through streaming platforms to network-backed streaming services.

The eSports law booklet from the Italian IPT team of DLA Piper covers a number of current and upcoming legal issues of eSports and how to deal with them in order to help companies operating in the market to better understand the issues that are arising and to which the eSports industry in some cases does not still have a good answer.

eSports and Copyright between choreographies and UGC

There are a number of copyright issues related to the choreography of an eSports game. In these days the first (and most important) regards the protection of choreographic elements (i.e. a dance) which could appear in videogames. In Europe and in the USA, a choreographic work is protected by copyright. This is why an extended series of dances moves that is original to its creator can be protected by copyright. The above explains the law suits recently filed in the USA at the end of 2018 by several individuals in connection with famous Fortnite videogame.

If you are not familiar with Fortnite, players can buy (or earn) emotes, short avatar animations who can replicate generic acrobatic moves and dances. The Fortnite Loser Dance (so called L Dance) become famous thanks to the French soccer player Griezmann, who used this theme after scoring in the last World Cup 2018 final against Croatia.

Loot boxes and its regulatory implications

Loot box regulation is a hot topic in a variety of regions. The attention over loot boxes began when a number of video games started to incorporate gaming micro-transactions for chance-based items within the game.

Previously, video games were sold as a stand-alone product and the interaction between players and the developers of the game existed only and to the extent players would have bought a sequel or an expansion pack of the video game.