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 …
By Elena Varese, Andrea Michelangeli and Vanessa Krieg “One of the greatest dangers of advertising is not that of misleading people, but that of boring them to death”. Thus, in the hope not to be too boring, there you go with our predictions for 2020 on advertising law!
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?
By Elena Varese and Lara Mastrangelo The Milan Fashion Week has just started and from today we are glad to host some highlights on the major fashion law trends of this season. Today we start with the analysis of the legal fake phenomenon.
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.
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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.
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There is a new crop of influencersin town and – read carefully – they are not real people.
Virtual influencers – influencers who are not human, but rather are CGI creations or robots – are the latest trend on social media. CGI stands for “computer-generated imagery” and it is a technology that creates pictures through the use of computers, now applied to create the new trend of virtual – but realistic – Instagram influencers and models.
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After that last September Lady Gaga walked the Venice Film Festival red carpet in a pink feathered Valentino gown, next season will be all about feathers. But where do feathers come from? Are they compliant with sustainability claims and animal welfare regulations?
Since consumers are increasingly sensitive towards sustainability problems and the ecological and ethical qualities of a product can influence the purchasing choices of the average consumer, the last trend in fashion is using materials and manufacturing processes that respect the environment and local communities, along with animal welfare and working conditions. During last Milan Fashion Week, the whole fashion system met at the Green Carpet Fashion Awards launched in 2017 to celebrate the commitment of luxury fashion houses to sustainability. Ex Spice Girl, now fashion designer Victoria Beckham announced that she will stop use of exotic leathers from A/W 2019 collection of her fashion brand, already fur free. The global sportswear brand Adidas committed to using only recycled plastic by 2024. Just yesterday the French luxury group LVMH launched the first standard for responsible crocodile leather sourcing across three pilot farms.
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The Milan Fashion Week has just started and from today we are glad to host some highlights on the major fashion law trends of this season.
Heritage is one of the major assets a fashion company holds and the ultimate tendency of this Fashion Week is to revamp old creations from the maison’s archives.
Firstly, it should be assessed whether the fashion company can use its own archives. This seems to be a plain question, however, in practice, it could happen that, despite being the owner of the physical copies of sketches and preparatory works of certain garments or motifs, the company does not hold the IP rights over such creations of the past.
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eSports competitions have recently become a trend topic among sports and gaming lovers.
An ever-growing number of major sports leagues and pro young players are getting involved in this global competitive industry, together with an increasing turnover. By 2020, eSports is predicted to become a billion-dollar industry.
This explosive growth of digital sports championships captured the attention of many leading companies – operating in various lines of business – which are gradually approaching this new phenomenon by investing into eSports in the hope of targeting its relevant audience.
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The upcoming Australian advertising restrictions for online gambling operators and the ongoing negotiations between Nintendo and emulator websites.
Another prestigious brand sued by a celebrity’s family for using its name without asking for the authorization! After Burberry sued by Humphrey Bogart’s heirs in the United States for using an image of the actor wearing the iconic trench in the movie Casablanca on its website, and Mattel sued by the Frida Kahlo Foundation in Mexico for marketing the Frida Kahlo Barbie, it is now the turn of Ferrari sued by the family of Steve McQueen before theSuperior Court of Los Angeles.
On 26 June 2018, the Italian Advertising Authority (IAP) took a step further on online advertising and issued one of its first decisions based on the Digital Chart and art. 7 of the Advertising Self-Regulatory Code (the “Code”). The case was about some Instagram Stories and a picture published by the Italian singer Fedez on the occasion of the International Tennis Cup displaying some cars and emphasizing some of their functions, like the massage in the seats.
Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer marketing.