Reposted from Law A La Mode 

By: Sara Balice 

Italy implemented the Consumer Rights Directive by adopting the Legislative Decree no. 21 of February 21, 2014 effective from June 13, 2014 which amended the Italian Consumer Code.

The new rules apply to any contract concluded between a trader and a consumer, with the exceptions indicated in the Consumer Rights Directive. As allowed under Article 3.4 of the Directive, Italy decided that the new rules do not apply to off-premises contracts for which the payment to be made by the consumer does not exceed €50.

Continue Reading Implementing Directive 2011/83/ EU Into Italian Law

Reposted from DLA Piper’s IPT Italy Blog

By Gianluigi Marino

We dedicated this week to fashion and IPT (intellectual property and technology) issues. After wearable technologies, special rules for foreign franchisors in Italy, 3D Printers à la mode, social media and fashion this IPT catwalk goes on with some lines regarding fashion and e-commerce.

The vast majority of the fashion players are increasing their online sales. They are becoming more and more online retailers.

First of all a good purchase experience in an online store needs a good navigation in the website. And a good navigation in the website is possible with the optimization of the use of cookies. But the use of cookies is regulated by the EU Directive 2009/136 as implemented in the different European member states. Therefore every manager of online stores should take into account this specific regulations. Moreover big companies which sell their products in more than just one member state shall comply all their (local) webpages with the different local implementation of this Directive. As far as Italy is concerned, after the public consultation launched by the Italian Data Protection Authority some months ago, a new specific regulation is waited in the next few months.

Continue Reading Top fashion legal topics – #5 Fashion and online retail

Reposted from July 2013 issue of DLA Piper’s Sports, Media and Entertainment Intelligence

By Giulio Coraggio

The Court of Palermo (Italy) held that Google as an hosting provider is not obliged to monitor the AdWords keywords selected by its users. The court did find liability for a local rental company, Sicily by Car, for the usage of the trademark “maggiore” held by a major rental company, Maggiore Rent SpA. This was only when done in connection with the usage of AdWords “dynamic keyword insertion” tool allowing to show the selected keyword as ad text in the sponsored link when users were searching such term.

Continue Reading Google shall NOT monitor Adwords keywords

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011

By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London)
“AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European Court of Justice (ECJ) gave a preliminary ruling on questions referred to it by the English High Court in the case between Interflora and Marks & Spencer (“M&S”), regarding the purchase by M&S of the Google AdWord “Interflora” and other similar AdWords. 
In answering the questions referred to it, the ECJ repeated much of the recent jurisprudence in this area, in particular from the Google France case.  Previous cases established that purchasing a third parties’ trademark as an AdWord would only amount to trademark infringement if such use would have an adverse effect on one of the functions of the trademark.  
The ECJ gave the following guidance on how national courts should assess whether the use by a third party of a sign identical with a trademark in relation to identical goods or services has an adverse affect on one of the functions of the trademark:

By: Stefania Baldazzi and Annalaura Avanzi  (Milan)

In 1967, the well-known Italian fashion designer Elio Fiorucci founded the fashion brand Fiorucci S.p.A.  After more than two decades of success in Italy and around the world, Mr. Fiorucci sold the company and all of its creative assets to the Tokyo Company Edwin Co. Ltd in 1990.  The sale encompassed all the Fiorucci trademarks, including numerous marks containing the element “FIORUCCI.”

In 1999, Edwin Co. registered the mark “ELIO FIORUCCI,” by filing an application with the Office for Harmonization for the Internal Market (OHIM), which is a body of the European Commission, for a broad category of goods, including cosmetics, apparel, footwear and leather products. 

Continue Reading Edwin Co. v. Elio Fiorucci: Designer and Company Share a Name?

Ciao to Chiara Garofoli, our DLA Piper colleague from Milan, Italy who is going off to work for Google, Milan.  Chiara was a founding and active editorial member of our fashion law publication, Law a

Continue Reading Ciao!