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Trademarks and social media

The use of trademarks in social media (social network, blogs, file sharing sites etc.) is becoming more and more important both with the use of trademarks by the owner and the use of trademarks by unauthorized third parties. Social share
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Liberalizzazione delle aperture domenicali

L’apertura degli esercizi commerciali nelle giornate domenicali e festive è oggetto, oramai da un oltre un decennio, di un acceso dibattito, sia a livello politico sia a livello giurisprudenziale, soprattutto a seguito dell’entrata in vigore del Legge Bersani (d. lgsl. 114/98) che avrebbe dovuto “liberalizzare” la materia del commercio. Social share
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Liabilities of purchaser in case of assignment of company business

Art. 2560 II Comma of the Italian Civil Code provides that in case of assignment of the company, the purchaser is jointly liable with the seller for debts incurred during the carrying out of the business, if those debts are on the obligatory account books. It is a mandatory norm, which therefore besides operating independently from the will of the parties to the purchase (seller and purchaser), cannot even be avoided by the parties if the contrary or something different is agreed upon by contract. Indeed, more often than one would imagine, it happens to read clauses such as: “the credits and d
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Court grants preliminary injunction in bad faith trademark case

The Court of Milan granted a preliminary injunction to a cosmetics and parapharmaceutical products distribution company despite the fact that the competitor had prior registered an identical Community Trademark. In fact, according to the Court, the previous registration had been applied for with knowledge of the upcoming registration of an identical trade mark by the competitor, thence in bad faith. The trial originated with an urgent proceedings submitted by the company F. to the Court of Milan so as to obtain the immediate seizure and an injunction against the rival company M. which, accordi
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