Sara Parrello, Author at Kluwer Copyright Blog

Scooters and cars, are artworks in the eyes of the beholder?

Sara Parrello, Fabio Angelini (Bugnion S.p.A)/May 23, 2019May 10, 2023 /Leave a comment

With decision n. 482 of 2019 the Italian Court of Torino decided on whether the beauty and the history of a car may be reasons to deserve copyright protection. The case regards the company Tecnomodel S.r.l. producer of miniature cars, including the models in scale 1/18 and 1/43 of the cars Alfa Romeo Giulietta SZ and…

Case Law, CJEU, European Union, Originality, Subject matter (copyrightable)

I know what I like and I know when I taste it. Cheese flavour cannot be “copyrighted” (nor registered as a trademark)

Sara Parrello, Fabio Angelini (Bugnion S.p.A)/December 13, 2018May 10, 2023 /Leave a comment

In law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio, 378 U.S. 184 (1964)). The CJEU, in case C‑310/17, delivered a decision on copyright which in a way confirms this aphorism and…