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The ECJ has held a secondary insolvency proceeding in the member state where the debtor has its registered office may be opened at the request of creditors entitled under the law of that state.
Italian hotel chain told to repay profilts after losing dispute over the letter W...
Across the EUniverse, issue 1: e-books VAT battle; freedom of personal data; shareholders’ rights revisited; and more
Legal implications of the latest moves in Brussels.
If documents contain sensitive data access is allowed only if strictly necessary, and in some cases to disclose information on health status or sex life.
The submission of facts and evidence remains possible even after the expiry of time limits.
Dow Italy owned a trademark claiming the colour “pure blue” that it had used for more than 20 years. It sued AB Isolanti for using a similar colour…...
Public entities are exempt from bankruptcy, but not companies that are carrying out business, even though they are held by public agencies, according to recent decisions.
The Italian Court of Cassation has ruled on plagiarism of a creative work, focusing on the requirements that the plagiaristic work should own to establish or avoid the infringement.
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.
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.