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Copyright Giulio Coraggio 2018

 

The Advocate General of the European Court of Justice issued an interesting Opinion on the dispute L'Oréal vs. eBay relating to the purchase by eBay of keywords (e.g. AdWords keywords) identical to L'Oréal's registered trademarks linking to eBay listings offering for sale both infringing goods and non-infringing goods and whether eBay could be deemed liable for the trademark infringement performed through the goods traded on its platform. The Advocate General held, among others, that:"if the nature of an operator as a marketplace is sufficiently clearly communicated in the ad displayed with the search results of an internet search engine, the fact that some users of that marketplace may infringe a trade mark is as such not liable to have an adverse effect...

The European Court of Justice has issued an interesting decision in relation to the rules of jurisdiction applicable to contractual relationships between consumers and websites based in other EU Member States. According to the EU Regulation 44/2001 on the jurisdiction and the enforcement of judgments in civil and commercial matters, the courts of the domicile of the consumer have jurisdiction in case of disputes between a trader and a consumer based in two different EU Member States when the former “directs such activity to that Member State”.The ECJ clarified the scope of such provision in relation to websites stressing that the mere accessibility of a website on the Internet is not sufficient to meet such “targeting requirement” but:“the trader [i.e. the...

The never ending saga of the Italian decree regulating cash poker games and casino games seems to be almost over. The Administrative Court of Lazio Region rejected the claim brought by one of the major Italian gaming operators, Microgame, against the decree. Indeed, earlier this year, the Administrative Court of Lazio Region had ordered the temporary suspension of the efficacy of decree because of the alleged inconsistency between the decree notified to the European Commission and the one subsequently approved by the Italian Gaming Authority (AAMS).Pending the temporary suspension of the decree, AAMS re-notified the decree together with all its technical specifications to the European Commission and the court now held that such second notification has actually "cured" the challenged...

After the launch of the videolotteries (VLT) in the Italian gaming market, now it is time to see what happened in the last months. Here is the first information available:around 4,500 VLTs have been installed so far out of almost 57,000 VLTs that operators are entitled to install and 253 VLT gaming halls have been opened (of which over 100 belong to Lottomatica); during the month of October 2010 the VLTs collected € 116 millions (i.e. more than € 3.5 millions per day) which makes the need to implement a proper system for the management of payments crucial;the current VLT manufacturers that have successfully completed the testing phase with SOGEI are Inspired, Novomatic, Spielo and Ace Interactive, while Bally Technologies, BetStone...

The Italian Gaming Authority has now published the “Official Data On Remote Gaming” reviewing the data generated by the sector during this year up to 31 October 2010.I believe there are no major surprises: while horse betting games are suffering a deep crisis with a decrease of the value of bets of 12.9%, fixed odd sports betting sector saw an increase of 10.7% reaching a value of over € 1bn, even if it showed a negative trend during the last months. However, skill games, which primarily include poker tournaments, have seen an amazing increase of 41.7% compared to the previous year with a volume of buy-ins of over € 2.6 bn. These data even raise the expectations in relation to the upcoming...

A recent decision issued by the Italian Competition Authority (the AGCM) against an Italian telecom operator performing marketing communications without the prior consent of relative customers raised a relevant topic of discussion. Interestingly the conduct was not challenged because its lack of the compliance with privacy laws, but the AGCM is the Italian authority having jurisdiction on the so called “unfair commercial practices” i.e. conducts contrary to the principles of professional diligence able to distort the economic behavior of consumers.The AGCM stressed the need not only to require the prior consent from consumers to the delivery of marketing communications, but also to provide them with clear means to withdraw such consent at any time and at their mere discretion. This...

The Italian Gambling Authority (AAMS) has provided some clarifications on the locations where operators will be entitled to install videolotteries. In particular, the AAMS clarified that it will be possible to install VLTs not only in bingo halls, betting and gaming shops and gaming halls where other entertainment machine have to be located, but also in gaming halls where only AWPs and VLTs can be installed. These halls cannot have as their main business the offer of food and beverages (like in bars, restaurants etc.), but such services can be a mere accessory to the offer of games. However, what sounds more interesting in the decision of the AAMS is that it appears that it will be possible to have hotels, bars...

The Italian Court of Cassation (the Italian Supreme Court) has issued a groundbreaking decision on the liability regime applicable to editors of online newspapers, blogs and forums. Indeed, the Italian criminal code  prescribes that editors of printed newspapers and other journals are "objectively" liable for any content published on their newspapers despite of their lack of knowledge of the challenged such material, even though they had not been negligent in the monitoring of the published articles.This provision has been the basis of some court decisions where judges have not only prescribed that editors of online newspapers are subject to the same regime applicable to editors of printed press materials, but also stated that Internet hosting providers are liable for any...