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Supreme Court rules on online journals and printed press
- Portolano Cavallo Studio Legale
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- Italy
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- October 21 2010
The liability of editors of online journals is an issue that has deeply divided the Italian courts in recent years
Yahoo! Italia liable for film copyright infringement
- Portolano Cavallo Studio Legale
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- Italy
- -
- April 7 2011
The debate about copyright protection on the Internet has taken a new turn
Selective distribution for cosmetics and EU competition rules on online sales
- Portolano Cavallo Studio Legale
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- European Union, France
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- March 16 2011
On March 3 2011 the European Court of Justice (ECJ) Advocate General Ján Mazák issued a nonbinding opinion on Pierre Fabre Dermo-Cosmétique SAS v Président de l'Autorité de la Concurrence and Ministre de l'Économie, de l'Industrie et de l'Emploi (Case C-43909
'Not for sale': US and EU approaches to trademark and copyright.
- Portolano Cavallo Studio Legale
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- Italy, USA
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- January 27 2011
On January 4 2010 the US Court of Appeals for the Ninth Circuit established that the distribution, by the copyright owner, of promotional CDs for marketing purposes involved a transfer of ownership of such CDs to the recipients, regardless of the fact that such copies were labelled 'promotional use only - not for sale', thus allowing third parties to sell on such copies without the copyright owner's consent
Supreme Court rules on product origin.
- Portolano Cavallo Studio Legale
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- Italy
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- January 28 2011
The 'made in Italy' label is considered a national economic resource, so much so that numerous laws have been passed to protect consumers and Italian enterprises from misleading indications of origin on products
Protection of television programmes on video-sharing platforms
- Portolano Cavallo Studio Legale
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- Italy
- -
- October 6 2011
The Court of Milan has published its grounds for an earlier decision in which Yahoo! Italia Srl was found liable for infringement of copyright held by Reti Televisive Italiane SpA in respect of television programmes uploaded and displayed on Yahoo! Italia's video-sharing platform
Supreme court rules on jurisdiction in online defamation cases
- Portolano Cavallo Studio Legale
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- Italy
- -
- July 14 2011
The Supreme Court has declared that in online defamation cases, the competent court is the court of the accused's place of residence
European Court of Justice on online sales in the context of a selective distribution network
- Portolano Cavallo Studio Legale
- -
- European Union
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- November 21 2011
On October 13 2011 the European Court of Justice ruled on restrictions on online sales, clarifying that selective distribution agreements imposing a general and absolute ban on the sale of cosmetics and personal care products by selected (authorised) distributors to end-users via the internet might result in contrast with EU competition rules
ECJ rules on trademark protection online and intermediaries’ liability L’Oréal v eBay
- Portolano Cavallo Studio Legale
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- European Union
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- September 9 2011
On July 12 2011 the Court of Justice of the European Union (ECJ) ruled on trademark protection on the Internet and the extent to which operators of online marketplaces can be held liable for trademark infringements by users (Case C-32409, L’Oréal SA, Lancôme parfums et beauté & Cie SNC, Laboratoire Garnier & Cie, L’Oréal (UK) Ltd v eBay International AG, eBay Europe SARL, eBay (UK) Ltd, Stephen Potts, Tracy Ratchford, Marie Ormsby, James Clarke, Joanna Clarke, Glen Fox, Rukhsana Bi
Use of registered trademarks in domain names - when and how to obtain seizure
- Portolano Cavallo Studio Legale
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- Italy
- -
- November 15 2011
An Italian court has recently held that if a website wrongfully uses a registered trademark in its domain name, and if a court order is sought to require an Italian internet service provider (ISP) to block access to the website, such an order cannot be granted unless the applicant produces evidence of the website’s illicit content or purpose
