IP

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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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.

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.

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?