IP

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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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 …

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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 …

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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 …

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