Keyword advertising and brand protection
April 23, 2013The evolution of new media promo poses new problems in relation to the use of third parties trademarks. Web search engines like Google allow to create sponsored links of products and services in order to show them in a privileged position when the user types a query. When a user inputs one of the keywords selected by the advertiser , the paid-for results will appear highlighted at the top or side of the page, with a brief advertising description, marked as “Sponsored Links”...
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Italian Court ruling on recovery of payments
February 23, 2013The 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...
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Directors and balance sheet
February 4, 2013The 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...
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Commercial Lease under Italian Law
January 23, 2013The 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. Firstly, Lease Law applies to properties assigned for commercial, industrial, art...
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SCARPELLINI NAJ-OLEARI & PARTNES is a law firm offering a full range of legal services and advising on all aspects of business law. Founded in 2000 the firm is based in Milan, one of the most important cities in Europe and the world capital for fashion and design. Watch the video
