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<p>The offence provided for by Art. 10 of Decree Law No. 16 of 2020 consists of the creation of a linkage, even an indirect one, between a trade mark or other distinctive sign and one of the events referred to in paragraph 1 of said Decree Law, that is capable of misleading the public as to the identity of the official sponsors. It is a concrete endangerment offence, for the occurrence of which the protected asset must be placed at actual risk in cases where an advertising message, even one formulated indirectly, is found to have a potentially misleading effect; this would be established not necessarily through a statistical survey of the message’s intended audience but with reference to the characteristics of the message itself.</p>

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“Zalando v. AGCM”

  • 期刊论文

  • 发表日期：

    2026年3月1日

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摘要

The offence provided for by Art. 10 of Decree Law No. 16 of 2020 consists of the creation of a linkage, even an indirect one, between a trade mark or other distinctive sign and one of the events referred to in paragraph 1 of said Decree Law, that is capable of misleading the public as to the identity of the official sponsors. It is a concrete endangerment offence, for the occurrence of which the protected asset must be placed at actual risk in cases where an advertising message, even one formulated indirectly, is found to have a potentially misleading effect; this would be established not necessarily through a statistical survey of the message’s intended audience but with reference to the characteristics of the message itself.