CJEU, C-720/18 and C-721/18: the CJEU on the genuine use of “Testarossa” trade marks in relation to second hand products and spare parts

On 22 October 2020, the Court of Justice issued an innovative judgment about the interpretation of the notion of a trade mark's genuine use

CJEU, C-490/19: the CJEU on the scope of protection of designations of origin where the shape of a protected product is reproduced

On 17 December 2020, the CJEU ruled in this case concerning the PDO protected cheese Morbier, suggesting that also the shape or appearance of the protected good can be relevant if it characterises the good and its reproduction is capable of misleading consumers

CJEU, C-62/19: a service putting taxi users in touch with taxi drivers trough an app is an Information Society service, where it does not form an integral part of the taxi transport service

The CJEU has offered its interpretation of the relevant EU legislation on this issue, which is of interest for anyone wishing to implement an existing service with a dedicated app.

Community plant variety rights: Kanzi and Nadorcott, CJEU’s landmark cases

Kanzi and Nadorcott are fundamental decisions of the CJEU about CPVRs. Both cases concern the interpretation of the CPVR Regulation (Reg. 2100/94 CE).

CJEU, C-649/18: The Court of Justice sheds light on the national limitations to e-commerce between different Member States, concerning medicines not subject to medical prescription

On 1 October 2020, the Court of Justice has ruled on the interpretation of the e-Commerce Directive, insofar as limitations affecting the free movement of goods between Member States are concerned, specifically those affecting advertising of over-the-counter drugs.  

EUIPO: Banksy’s “Flower Thrower” mark cancelled due to bad faith, as filed “for purposes other than those falling within the functions of a trademark”

On 14 September 2020, the Cancellation Division of the EUIPO declared Banksy’s EU trademark ‘Flower Thrower’ invalid on the ground of bad faith (cancellation action no 33 843 C).  

Italian Supreme Court: the burden of initiating the mediation procedure following opposition proceedings lies on the creditor

On 18 September 2020, the Cassazione issued a decision on mediation, ruling that it must be initiated by the creditor.

MaToSto è on-line

E’ finalmente online il sito MATOSTO® - MArchi TOrinesi nella STOria, progetto della Camera di Commercio di Torino (per saperne di più www.matosto.it)

Clicca qui per vedere l’intervista dell’Avv. Emanuela Truffo dello Studio Legale Jacobacci e Associati e dell’Ing. Giuseppe Quinterno della Jacobacci & Partners S.p.A.

Podcast on Indicam on Air with Emanuela Truffo and Mariangela Ravasenga: "Protecting designations of origin before and after Brexit"

CJEU, C-392/19, AG’s Opinion: embedding a work – available on a website with the copyright holder’s consent – in a third party’s site by “framing” is not a “communication to the public”

Advocate General Szpunar issued its conclusions on links towards copyrighted works, interpreting the applicable notions of EU copyright law.