Intellectual Property

Top 3 legal predictions on Copyright for 2020

By Roberto Valenti, Alessandra Tozzi and Lara Mastrangelo Copyright plays a paramount role in enhancing and protecting human creations, but, at the same time, it may clash with other fundamental rights and therefore needs to be balanced. During 2019 many events occurred in the copyright field. What will happen in the course of 2020? Art and Algorithms: do we immediately need rules for AI’s creations? As a new decade awaits and AI hype begins to dissipate, the need for regulations addressing AI becomes more stringent. As anticipated last year, AI technologies are gradually making their way also in areas traditionally …

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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 past year has definitely been quite a rollercoaster for the sector and the upcoming year is likely to be just as intense. Marketing and advertisement: the saga continues As highlighted in our previous legal predictions for 2019, the Italian legal background concerning marketing and advertisement …

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Top 3 Legal Predictions on Privacy and Data Protection for 2020

by Giulia Zappaterra & Deborah Paracchini  2019 brought considerable changes in the data protection world. Some EU Member States finally integrated the rules of the EU General Data Protection Regulation No. 679/2016 (GDPR) with their national laws. At the same time, local data protection authorities started to fully apply – also issuing severe sanctions – the set of rules of the GDPR. This scenario does not anyhow mean that 2020 will not bring us any news! New legal issues – growing together with the improvement of innovative technologies – will test the data protection legal framework.

Top 3 Legal Predictions on Media for 2020

By Alessandro Ferrari and Laura Borelli As we approach 2020, changes in the media landscape are accelerating at an unrelenting pace. The way consumers access their entertainment has come a long way from the traditional linear television and evolution is not taking any break. Factors such as AI and new technologies, as well as the expanding internet connectivity and broadband infrastructure will be playing a major role in the definition of the media sector in the upcoming year.

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 self-adjust to his needs, now fashion brands create tech clothes which can heat up, cool down, change color or even size themselves, playing around with the concept of wearable, smart clothing and connected garments.

Milan Fashion Week and Fashion Law Trends – The magic realm of the right of publicity!

As the Milan Fashion Week Fall/Winter 2021 goes on, another hot topic getting the attention of fashion houses is the issue of celebrities’ right of publicity, i.e. the right to control the commercial use of their identity. To what extent are fashion brands free to use celebrities’ name or image in their marketing communication and for archive purposes? Does celebrities’ right of publicity extend also to the use of their look-alike? Can a celebrity’s name be used on a fashion item or even give the name to the product itself?

Latest news: Sky v. Skykick, CJEU decision overturns Advocate General’s opinion

By Andrea Michelangeli and Annamaria Algieri On 29 January 2020, the CJEU issued its judgement on the Sky v. Skykick case, one of the most awaited trademark decisions of the past years. As anticipated in our previous article posted last October 2019 (you can find it here: https://blogs.dlapiper.com/iptitaly/2019/10/sky-v-skykick-or-on-the-meaning-of-computer-software/), the dispute came up when Sky, active in the satellite and digital television broadcast service, sued before the High Court of Justice of the UK Skykick, which supplies cloud migration information technology services, for the infringement of the EU trademarks consisting in the word “SKY”. Skykick denied the infringement and counterclaimed that …

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A new episode in the Rubik’s Cube saga

Rubik’s Brand v EUIPO – Simba Toys (Case T-601/17) by Laura Gastaldi, Lara Mastrangelo and Alessandra Tozzi Whether you are from the 20th century or a millennial, the Rubik’s cube will immediately bring you back in time. Indeed, such multicolored three-dimensional puzzle is one of the most popular toys of all times, with more than 350 million units sold worldwide. Yet, there are few things that not everybody knows about the Magic Cube. The first one is that it was not originally meant to be a toy: Ernõ Rubik, an Hungarian professor, invented it in 1974 in order to help …

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Sky v. Skykick, or on the meaning of “computer software”

On 16 October 2019, the Advocate General Tanchev issued his opinion in relation to one of the most interesting trademark disputes of the recent years, waiting for a preliminary ruling judgement before the CJEU.

The dispute involves Sky plc, Sky International AG and Sky UK Limited (“Sky”), active in the satellite and digital television broadcast service, against Skykick UK Limited and Skykick Inc (“Skykick”), which supply cloud migration information technology services.

According to the results of the main proceedings held before the High Court of Justice of the UK, Sky sued Skykick for having allegedly infringed its EU trademarks consisting in the word “SKY” through the use of the sign “Skykick” and its variants. Skykick defended its position by denying the trademark infringement alleged by Sky and by counterclaiming that Sky’s trademarks were invalidly registered, on the two grounds that (i) the specifications of goods and services lack clarity and precision and (ii) the relevant trademark applications were consequently made in bad faith.

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Paparazzi v. celebrities copyright lawsuits – the last American trend!

It is common to spot groups of paparazzi taking pictures at celebrities, fashion icons and influencers on the streets not only during fashion weeks and events, but also in their day-to-day lives. At the same time, it has become increasingly frequent in the United States for paparazzi to file copyright infringement lawsuits against celebrities for sharing those pictures on the Internet, i.e. on social media platforms, without the photographers’ “permission or consent” or without paying them any licence fee.

The latest to be sued by a paparazzi for copyright infringement is no less than Victoria Beckham, but the list includes both celebrities like Jennifer Lopez, Ariana Grande, Gigi and Bella Hadid and brands such as Marc Jacobs and Versace. In general, these cases tended to end with out-of-court settlements that led celebrities to pay steep monetary damages. This created a precedent and many other lawsuits, which are still pending, followed, in the last few months.

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Milan Fashion Week and Fashion Law Trends – Karl Lagerfeld’s heritage: who is going to award the rights on his image? Does the cat really take it all?

Last July, with “The Dawn of Romanity” haute couture show against the Colosseum backdrop, Fendi paid tribute to its longtime Creative Director Karl Lagerfeld, with 54 outfits to represent his 54-year tenure at the maison. But who owns the rights in the image of the recently deceased iconic fashion genius?

According to some leaks, the worldwide famous designer Karl Lagerfeld, before his death, would have left the entirety of his heritage to his beloved cat Choupette. This is not the first time a person decides to nominate his pet as the universal heir: from Countess Karlotta Liebenstein to Alexander McQueen, leaving everything (or a big portion of one’s assets) to a pet has become a sort of trend for many celebrities… But what are the legal consequences in relation to the rights of image of the celebrity according to the Italian law?

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