Whenever we assist clients with a dispute, we always try to avoid litigation, including through alternative dispute resolution (ADR) methods, in order to provide more cost-effective and timely solutions.

However, if the dispute cannot be resolved through ADR, we assist our clients in arbitration and/or court proceedings (including before the higher courts of law), offering specific expertise in the following areas:

• Industrial law and intellectual property
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  Protection of industrial property rights

  REAL CASE 1 – industrial property rights of an international tour operator: our Client’s distinctive signs  (including their trade mark, domain name and meta tag – i.e., a keyword used by search engines to index a web page) were being unlawfully used on the Internet by a former consultant of theirs who worked in the cruise industry.

  OUTCOME: Following an interim injunction to stop the unlawful conduct immediately, the judgment on the merits awarded considerable damages in favour of our Client and fixed the fine the other party would have to pay in case of future violations of our Client’s rights.

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  REAL CASE 2 – industrial property rights of a company operating in the catering industry: a restaurant located in Tuscany was illegally using the highly distinctive trademark of a Rome-based company operating in the catering industry.

  OUTCOME: The Court of Appeal of Florence found a trademark infringement, ordering the company guilty of counterfeiting to stop using the trademark and condemning it to pay damages.

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• Automotive law
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  Automotive law

  Since the founding of the firm in 2007, we have provided legal services to the Italian branch of a multinational company operating in the car sales and long-term rental sectors, in particular in-court representation in case of disputes with other companies or with consumers, having gained significant experience in those sectors.

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• Privacy and publicity rights (one’s name, image and reputation)
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  Privacy and publicity rights

  REAL CASE 1: a well-known Italian athlete, an Olympic medalist, discovered by chance that his image had been used in a drug advertising poster distributed by a pharmaceutical company to hospitals and doctors’ offices.

  OUTCOME: In response to our cease and desist letter and request for damages, the pharmaceutical company stated that the poster had been distributed for the sole purpose of celebrating the image of the athlete. Following filing of a lawsuit, the pharmaceutical company, during the first hearing, agreed to settle the dispute by paying the athlete a fee for the unlawful exploitation of his image.

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  REAL CASE 2: a couple complained that their privacy was unwarrantably infringed in a popular television programme during which details of their sex life (i.e., sensitive personal data) were revealed without their consent.

  OUTCOME: Following our application for an urgent injunction, the competent Court ordered the television program to stop its infringing conduct. Subsequently, at the end of ordinary court proceedings, the couple were awarded damages for infringement of personal information.

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  REAL CASE 3: the direct telephone number of the office of a bank CEO was published in the telephone directory among the bank’s contact details.

  OUTCOME: At the end of proceedings against the relevant telephone operator, the Court of Milan ordered that the number be no longer published in the telephone directory and awarded considerable damages to our Client.

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• Medical liability
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  Medical liability

  REAL CASE 1 – protecting the rights of a patient: a woman complained that the hospital treating her was responsible for the stillbirth of her child. In particular, her doctors failed to perform a timely C-section, waiting unsuccessfully for her to have a spontaneous vaginal delivery until 42 weeks’ gestation.

  OUTCOME: Before bringing an action against the hospital, we sought the opinion of a forensic examiner specializing in obstetrics and gynecology, who confirmed the hospital’s negligence. Following an unsuccessful attempt at mediation, we sued the hospital for damages. The case is currently pending.

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  REAL CASE 2 – protecting the rights of a doctor: the family members of a patient who died of respiratory system cancer sued the surgeon who operated the man for oral cancer years before, alleging a correlation between the two cancers.

  OUTCOME: first of all, we objected to the fact that there had been no attempt at mediation, which is mandatory under Italian law. The parties thus went through mediation, but without resolution, so the case went back to court. After we appointed experienced forensic doctors as expert witness, the Court’s expert found that there was no causal link between the previous cancer and the patient’s death. (The case is currently pending.)

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• Family law
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  Family law

  REAL CASE 1 – separated couple with children, sole custody arrangement: the custodial parent’s relationship with the children was marked by conflict and certain behaviours were incompatible with the exercise of parental duties”.

  OUTCOME: we filed an application to modify the terms of separation on behalf of the non-custodial parent. Our client was granted physical custody of the children after a court-ordered expert report showed that the custodial parent had committed violent acts against the children.

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  REAL CASE 2 – proceedings to terminate parental rights based on allegations later found to be false and malicious: a family quarrel, provoked by one of the parents as a pretext for gathering elements that would be useful in the context of separation proceedings (removal of the other parent from the home), led to the intervention of the police.

  The Public Prosecutor’s Office at the Juvenile Court instituted proceedings to terminate the father’s parental rights because his wife accused him of harming their children, one of whom was underage.

  OUTCOME: The mother’s deceitful behaviour was revealed during the proceedings, not least thanks to the evidence given by the couple’s children, including the alleged minor victim. This avoided the termination of parental rights for the father, as well as the intervention of child welfare services.

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