Pinterest, currently one of the most popular and influencial social media, has lost the first round in the battle for the Community Trademark (CTM) before the Office for Harmonisation in the Internal Market (OHMI)in Alicante. On January 2014, the Office rejected the opposition filed by Pinterest against the the identical trademark ‘Pinterest’ applied for by the British company Premium Interest. In OHMI’s opinion, Pinterest, which at the date on which Premium Interest’s application didn’t have any registered trademark in Europe, has not submitted reliable evidences about

The Legislative Decree 231/ 01 introduced into the Italian legal system a direct liability called “administrative” of legal entities, companies and associations (with the exception of the State, local authorities, other non-economic public entities as well as entities carrying out constitutional functions). The Decree provides that companies may be considered liable for certain crimes (circa a hundred, including corruption, bribery, violation of safety regulations, anti-money laundering, computer crimes, all listed by law) if they are committed or attempted by persons linked to the

The evolution of new media promo poses new problems in relation to the use of third party trademarks. Web search engines such as Google allow the creation of sponsored links of products and services in order to show them in a highlighted position when a user performs a search. When a user inputs one of the keywords selected by the advertiser, the paid-for results will be displayed either on the right-hand side of the screen, to the right of the natural results, or on the upper part of the screen, above the natural results, together with a short commercial message, headed as “Sponsored Li

The Bank that continues to grant credit to the debtor, guaranteed by a general guarantee agreement, without involving the guarantor on the matter, notwithstanding the existence of unpaid cheques and the gradual worsening of the debtor’s financial situation, could breach correctness and bona-fide’s obligations in the execution of the general guarantee agreement. Social share

The evolution of new media promo poses new problems in relation to the use of third party trademarks. Web search engines such as Google allow the creation of sponsored links of products and services in order to show them in a highlighted position when a user performs a search. When a user inputs one of the keywords selected by the advertiser, the paid-for results will be displayed either on the right-hand side of the screen, to the right of the natural results, or on the upper part of the screen, above the natural results, together with a short commercial message, headed as “Sponsored Li

The franchise agreements must comply with Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices. The Regulation applies to agreements for the sale and purchase of goods or services which are entered into between companies operating at different levels of production or distribution chains (“vertical agreements”) such as distribution, supply, franchising agreements. Social share

The Court of Rimini (ruling no. 872/2012) rejected the Longoni Sport SpA in “extraordinary administration” (Giacomelli Group) claim to recover more than € 3.3 million paid to an international network currently comprising 250 sports shops in Italy, assisted by Scarpellini Naj-Oleari & Partners. The Court held that the trustee of the bankruptcy did not provide any evidence to demonstrate the condition of scientia decotionis, requested by art. 67, paragraph 2, Italian Bankruptcy Law. Social share

The Italian Supreme Court ruled on directors’ liabilities concerning balance sheet and its effectiveness towards the company, the shareholders and the creditors. The judges confirmed that the balance sheet is valid and effective as soon as it has been approved by the shareholders meeting. Therefore, it is binding towards the company and the shareholders who approved it (or who didn’t contest it at the time). If the shareholders have approved the balance sheet, they therefore cannot contest the items accounted for. But, as far as creditors are concerned, the situation is different b

The retail and commercial operators, either Italian or foreign ones, look very familiar and confident about the common rules of the lease agreements for commercial purposes. However, in our experience as legal consultant, we have recognized that such confidence and assumptions might turn to be not entirely correct, as Italian Law of July 27, 1978 no. 392 (“Lease Law”) provides many different mandatory rules. Social share

During the last Salone Internazionale del Mobile in Milan, a conference was held entitled “From the idea to the product: how to protect design”. This conference was the second meeting of a round of open lectures on copyright given by the Brera Academy of Fine Arts in order to explain to the next generation of artists how to protect their designs at every stage, from conception to distribution. Thanks to the speaker’s contribution, led by Prof. Domenico Nicolamarino, students learnt how to register EU design, how to get protection by copyright law, how to get protection from counterfeiting in I