Does the rerun of the TV show “Passaparola” constitute effective use to prevent trademark abandonment?
Vincenzo Iaia With the decision no. 15903 of June 6, 2023, the Italian Supreme Court provided some guidance on what constitutes effective use of a trademark to prevent its abandonment with specific regards to the entertainment market. The sign at issue was the word mark “Passaparola”, registered by Reti Televisive Italiane Ltd. (hereinafter “RTI”) after […]
The Italian Ministry of Culture set guidelines and tariffs for the commercial and scientific use of cultural works
Vincenzo Iaia After a consultation with the Italian Film Commission, the Directorate-General for Cinema, and other stakeholders, the Italian Ministry of Culture issued the Decree No. 161 of April 13th, 2023, a set of guidelines for the calculation of minimal tariffs linked to the exploitation of cultural works under the custody of Italian institutions. The […]
A New Development in the Italian Cultural Heritage Landscape: Leonardo Da Vinci’s Signature “Io, Leonardo” May Become a Brand
Lucia Minnucci The famous signature of Italian genius Leonardo Da Vinci “Io, Leonardo,” from page 1054 of the Codex Atlanticus, is joining the ranks of cultural works that, although in the public domain due to the expiration of copyright, are not always free to use Many of these works are instead protected by the Italian […]
Music once again Available on Instagram and Facebook: The Italian Antitrust Authority issued interim measures to break the deadlock between Meta and SIAE
Vincenzo Iaia After little more than two weeks from the launch of the investigation against Meta for abuse of economic dependence towards the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori e degli editori, hereinafter “SIAE”), The Italian Antitrust Antitrust and Consumers Authority (“Autorità Garante della Concorrenza e del Mercato”, hereinafter […]
A puzzling issue concerning the Vitruvian Man’s puzzle: can the Italian Cultural Heritage Code be enforced in Germany?
Vincenzo Iaia Italian cultural heritage legislation is notorious for being one of the strictest regulations throughout Europe, especially as regards the commercial exploitation of cultural goods. The reason is clearly understandable if we consider the gigantic cultural repertoire located in Italy. In this perspective, Art. 107 of the Italian Cultural Heritage Code1 empowers the artwork’s […]
Does and on what conditions parody effectively defend against copyright and trademark lawsuits? A look at the Zorro case
Vincenzo Iaia With the decision No. 38165 of December 30th, 2022, the Italian Supreme Court provided some guidelines on whether and under which conditions parody can be invoked as an effective defense against allegations of copyright and trademark infringement. The lawsuit dates back to 2007 when Zorro Productions Inc. sued CO.GE.DI. Ltd. for producing and […]
Hermes should not prove the distinctiveness of its registered shape marks over ‘Birkin’ and ‘Kelly’ model bags
Vincenzo Iaia Italian Supreme Court, judgement of September 22nd, 2022 After more than ten years of litigation, the Italian Supreme Court settled the trademark battle between Hermès International s.c.p.a. & Co. (‘Hermès’) and Buti di Buti Amerigo & C s.a.s. & Co. (‘Buti’). In 2009, Hermès filed a lawsuit against Buti for infringement of the […]
The Italian Supreme Court ruled that producing Ferrari scale models does not infringe Ferrari’s trademark and copyright
Vincenzo Iaia With decision No. 32408 of November 3, 2022, the First Section of the Italian Supreme Court rejected Ferrari’s trademark and copyright infringement lawsuit against Brumm General Partnership (‘Brumm’) for having produced and commercialized Ferrari scale model cars without any authorization from the automotive company. The litigation started before the Bologna Court of First […]
Should copyright infringement damages extend to concert revenues? Insights from Structured Asset Sales vs. Ed Sheeran
Vincenzo Iaia With order No. 18 Civ. 5839 (LL) of September 29, 2022, the Southern District Court of New York (S.D.N.Y.) rejected Ed Sheeran’s motion for summary judgement dismissing Structured Asset Sales’ claim for copyright infringement over Marvin Gaye’s song “Let’s Get It On”. The plaintiff’s claim is based on Sheeran’s alleged copying of some […]
