Unauthorized Name Use : Balancing Commercial and Informational Purposes.

Unauthorized Name Use : Balancing Commercial and Informational Purposes.

Journal article

1 electronic resource (page 195-198)

European Convention on Human Rights, Arts. 8 and 10; Nice Charter, Arts. 11 and 16; Constitution, Arts. 2, 21, 22 and 41; Civil Code, Arts. 7, 8 and 10; Law No. 633 of 22 April 1941, Arts. 96-98 – Audrey Shoes Headnotes by the Editorial Office 1. The unauthorized use of someone else’s name for purely commercial purposes, without any informational, educational or cultural justification, is unlawful. 2. The exempted informational, educational or cultural purposes often coexist with commercial purposes, in the sense that the former are fulfilled through the exercise of a profit-making business activity. 3. In borderline cases, where there is a combination of informational and commercial use in a broad sense, a careful weighing of the interests at stake must be carried out, leaving open the possibility that the informational interest will prevail over the advertising one and determine the lawfulness of the use. Supreme Court of Cassation, Civil Division, Section I (Corte Suprema di Cassazione, Sez. I Civ.), judgment of 8 April 2024 – 9289/2024

Crossref

GRUR International ; 74, 2, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

Anglais

https://academic.oup.com/grurint/article/72/3/231/6998505

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