Intellectual Property

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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Milan Fashion Week and Fashion Law Trends: Is Metaverse the New Fashion Revolution for IP?

Neal Stephenson coined the term “metaverse” in his 1992 novel Snow Crash, where it referred to a 3D virtual world inhabited by avatars of real people, sometimes facilitated by the use of virtual and augmented reality devices, which would blur the barrier between online and offline.

Milan Fashion Week and Fashion Law Trends: the liability of NFT marketplaces for infringing content

After two years of digital shows, the Milan Fashion Week finally returns to the city and we are proud to announce that also our fashion law column is back. In this series of articles (one for each day of the MFW) we will highlight those that in our view are the main trends in fashion …

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Intellectual Property Rights in the Metaverse: NFTs and Fashion

After the already successful relationship between fashion brands and the gaming community, NFTs open up the fashion system to new digital channels. In fact, the possibility for users to not only buy digital items in the fashion space but to also have unique pieces adds a level of exclusivity that has always be key when …

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NFT: just another bubble or the next big revolution?

By Lara Mastrangelo and Valentina Mazza NFTs’ legal implications for the art, music and fashion industries Do you remember Magritte’s famous painting displaying a pipe with the wording “Ceci n’est pas une pipe”, or Duchamp’s irreverent readymades? Well, keep them in mind, as it is from that moment on that artists started questioning the relationship …

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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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Legal risks and implications of hyper-realistic videogames

Although digital consumption was already rising before the Covid-19 outbreak, the pandemic has undoubtedly accelerated this trend. In this context, the gaming industry is one of the wealthiest of all entertainment industries, with revenues projected to reach $159.3 billion in 2020 by the Newzoo 2020 Global Games Market Report and experts don’t see growth taking …

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Agriculture 4.0 and data sharing: what’s up?

As technology and innovation are nowadays central to all economic activities, also the most ancient one, agriculture, is opening its doors to let the digital transformation come through. Some refer to this phenomenon as to Agriculture 4.0, while others prefer the definitions of Ag-tech or Digital Agriculture. What is sure, is that the big revolution …

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Cheating in Esports tournaments – legal arguments for discouraging bad players

by Giulio Coraggio, Vincenzo Giuffrè and Micaela Jerusalmi The Esports market has been booming over the last years and the recent Covid-19 strict regulations impacting the sports sector and imposing social distancing have greatly increased the focus on Esports competitions so far. Even with this scenario, the legal challenges for global Esports online platforms and …

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The makeup of protection of a makeup store layout: a missed chance to apply the Cofemel decision?

By Valentina Mazza and Andrea Michelangeli In our fashion law predictions for 2020 (available here), we anticipated Italian case-law following the trend set by the CJEU in the Cofemel decision (for the illustration of the case, see our previous post here) by making it easier to access copyright protection in Italy. No magic wand, but …

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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 …

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