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A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.
The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trademarks based on the doctrine of ‘secondary meaning’.
Can the proceeds of future business activity be allocated to unsecured creditors in concordato preventivo, when secured creditors are not paid in full ?
The decision of the Court of Rovereto of 13 October 2014 and the Court of Bergamo of 26 September 2013 took opposite stands on the issue of the allocation.
Discharge following concordato preventivo does not extend to mortgages granted by partners of the company
The Court of Cassation ruled that partners of a partnership cannot be considered as third parties and therefore the mortgage cannot be considered a guarantee for obligations of a third party.
Trademarks – the nature of ‘strong trademark’ of a certain mark is not sufficient to state its counterfeiting
The Italian Court of Cassation ruled on the counterfeiting of the figurative trademark ‘Valentino’, owned by Valentino S.p.A., by the figurative trademark ‘Giovanni Valentino’, owned by Florence Fashion Jersey Ltd.’ –...
The General Court of Justice of the European Union has ruled on the possibility of registering an advertising slogan as a trademark.
The Court ruled that the word mark ‘NANO’ for goods claimed in class 9 and 28 is to be deemed descriptive of the goods for which protection is sought and therefore invalid.‘ ’...
A decision that held Yahoo! responsible for copyright infringement in connection with videos uploaded by end-users has been overturned.
This paper looks at the construction of normal value in World Trade Organisation anti-dumping law in relation to market economies.
NCTM has successfully assisted Nuovo Trasporto Viaggiatori (NTV), the first Italian private rail company on high-speed rails, in a defamation case brought by Ferrovie dello Stato Italiane.
Shipping and Transport Bulletin: new Italian rules on road haulage; French aid to SNCF incompatible with state aid rules; and more
NCTM has released the February-March 2015 edition of its Shipping and Transport Bulletin.
Copyright: the exhaustion of the distribution right of a copyright-protected work does not apply in case of alteration of its medium
The rights of a copyright holder where their work had undergone an alteration in form.
The Court of Milan ruled on a ‘lookalike’ case, whereby the company San Carlo Food Group claimed the imitation of the graphic elements of its package of chips by the competitor company Amica Chips.
Copyright — a new request to the ECJ in relation to the exhaustion of the right of distribution of original works
The Supreme Court of the Netherlands has requested the ECJ — in proceedings C- 419/13 — to issue a decision on a number of prejudicial issues.
Copyright — the Court of Rome rules in favour of copyright protection of a work of industrial design
The Companies Section of the Court of Rome has issued an interesting decision in relation to the issue of eligibility for copyright protection of works of industrial design.
The Court of Appeal has partially upheld the appeal promoted by Gucci versues Guess by recognising the existence of unfair competition acts.
The Tribunal of Milan with a decision of 12 June 2014 took a stand which is in sharp contrast with mainstream case law, with respect to clauses.
Group restructurings: one single group ‘concordato preventivo’ proposal, procedure and voting majority?
Two recent decisions of the tribunals of Ferrara and Palermo address some of the major issues involved in group restructurings under Italian insolvency laws.
Does EU Regulation No. 1346/2000 apply to a defendant not domiciled in EU in a claw-back action brought by the insolvency receiver?
Mr Schmid, the receiver appointed in an insolvency procedure commenced in Germany, brought before a German court a claw-back action against an individual, domiciled in Switzerland.
Shipping and Transport Bulletin — the Italian regime of minimum road haulage prices; the SNCM case; and more
NCTM has released the October–November issue of its Shipping and Transport Bulletin.