IP – IPT Italy

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

By Valentina Mazza / 14 October 2019 14 October 2019 / Copyright, Fashion, Intellectual Property, IP

By Valentina Mazza and Alessandra Tozzi 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’ …

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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?

By Fulvia Cosattini / 23 September 2019 24 September 2019 / Copyright, Fashion, Intellectual Property, IP

By Elena Varese, Fulvia Cosattini and Valentina Mazza 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?

Milan Fashion Week and Fashion Law Trends – Fashion and Parody: a trendy combo?

By Valentina Mazza / 20 September 2019 26 September 2019 / Fashion, Intellectual Property, IP, Trademarks

By Valentina Mazza and Alessandra Tozzi Is it lawful to commercialize clothing items that represent a parody of well-known fashion trademarks or does it amount to a trademark infringement? Parody has always been a controversial topic in fashion but the question has become even more relevant in the last few years in consideration of the great number of new brands that have built their success on the parody of well-known fashion trademarks. While some brands …

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

By Deborah Paracchini / 19 September 2019 19 September 2019 / Artificial Intelligence, Consumers, Copyright, Data Protection, Fashion, Intellectual Property, Internet & E-commerce, Internet of Things, IP

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 …

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Milan Fashion Week and Fashion Law Trends – Does the Cofemel decision marks the end of “artistic value”?

By Valentina Mazza / 18 September 2019 19 September 2019 / Copyright, Fashion, Intellectual Property, IP

By Valentina Mazza and Andrea Michelangeli As the Milan Fashion Week goes on in these days, we are eager to keep you updated with the very most recent fashion law topics and matters. This time we speak about copyright after that on 12 September 2019, the CJEU issued the long-awaited decision on the Cofemel case C-683/17, which opens a new path for the copyright protection of designs in the EU and in Italy.

Milan Fashion Week and Fashion Law Trends – Monograms: just letters or powerful trademarks?

By Elena Varese / 17 September 2019 18 September 2019 / Fashion, General, Intellectual Property, IP, Trademarks

By Elena Varese e Lara Mastrangelo The Milan Fashion Week has just started and from today we are glad to host for the second time some highlights on the major fashion law trends of this season. “A rose by any other name would smell as sweet” used to claim Juliet in the famous Shakespeare’s play, but would a Louis Vuitton bag without its legendary monogram – or with a slightly different one – be as …

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

By Giacomo Lusardi / 11 June 2019 24 June 2019 / Artificial Intelligence, Cloud, Commercial, Consumers, Data Protection, Fintech, Internet & E-commerce, Internet of Things, IP, IT & Sourcing, Tech & Sourcing

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.

eSports and Copyright between choreographies and UGC

By Tommaso Fia / 21 March 2019 24 June 2019 / Consumers, Copyright, Gaming and Betting, General, Intellectual Property, IP, Sport

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.

Milan Fashion Week and Fashion Law Trends – The never-ending saga of cultural appropriation in fashion

By Chiara Perotti / 25 February 2019 24 June 2019 / Fashion, Intellectual Property, IP

Over the last years we have witnessed extensive disapproval of the fashion world when dealing with collections or campaigns inspired by different cultures. As a fact, criticism on alleged cases of cultural appropriation has been rising to the stars throughout the years and does not seem to come to an end.

Generally speaking, cultural appropriation is defined as the unrecognized or inappropriate adoption of traditions, practices, ideas, etc. of one culture by members of another cultural, usually the latter being more dominant.

Milan Fashion Week and Fashion Law Trends − New brand identity in the fashion industry: is the “sans-serification” the right move?

By Laura Gastaldi / 22 February 2019 24 June 2019 / Fashion, Intellectual Property, IP, Trademarks

In recent months many fashion companies have been restyling their brands by simplifying and minimizing their visual impact: big fashion industries are dropping unique fonts, words and design features − which until now have significantly contributed to differentiate their brands from their competitors’ − in favor of most popular and common fonts, such as sans-serif.

“Less is more”, we may say.

Use of excerpts of videogames and eSports competitions without the right holder’s consent: is it fair use (or the Princess is in another castle)?

By Elena Varese / 21 February 2019 24 June 2019 / Copyright, General, Intellectual Property, IP, Media & TLC

Publications sharing tips on how to complete videogames and maximise bonuses might increase with the expansion of the eSport competitions. The same applies to platforms streaming videogames alone or together with eSport actions of the various players. Yet are these activities possible without the right holders’ consent?

Under Italian law, videogames are protected as a whole as copyright works like movies, whilst their frames could be protected as simple photographies (with protection lasting 20 years from their publication). Following a different opinion, videogame frames could be excluded from protection, as they may considered similar to documents, as provided by Art. 87, last sentence of the Italian Copyright Law (ICL).

Milan Fashion Week and Fashion Law Trends: Sustainability and green claims

By Valentina Mazza / 20 February 2019 24 June 2019 / Advertising, Fashion, Intellectual Property, IP

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.

Milan Fashion Week and Fashion Law Trends: Use and protection of fashion archives

By Elena Varese / 19 February 2019 24 June 2019 / Advertising, Copyright, Fashion, General, Intellectual Property, IP, Trademarks

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.

eSports: a new frontier for the advertising law and image rights?

By Laura Gastaldi / 14 February 2019 24 June 2019 / Advertising, General, IP, Sport

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.

New programming and investment obligations for VOD and linear audio-visual media service providers!

By Laura Borelli / 6 February 2019 24 June 2019 / General, Intellectual Property, IP, Media & TLC, Telecoms, Video

On 25 January 2019, the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni, hereinafter “AGCOM“) published the Resolution 595/18/CONS setting out the new Regulation on programming and investment obligations in favour of European works and works by independent producers (as amended by AGCOM Resolution 24/19/CONS) (hereinafter, “New Regulation“).

The New Regulation – which replaces the previous resolutions concerning the programming and investment quotas, including Resolution 66/09/CONS – was adopted on the basis of the Legislative Decree no. 204/2017, which amended the Consolidated Act on audio-visual media services and empowered AGCOM to set detailed rules applicable to linear and non-linear audio-visual media services providers, as well as to pay-per-view media services providers.