Rita Tardiolo

As a partner in our Milan-based Intellectual Property practice, I focus on trademarks, Protected Designation of Origin (PDO), advertising, unfair competition and consumer protection law, assisting both domestic and international clients with contentious and non-contentious matters. I am also the co-head of our international sub-sector Luxury, Fashion & Retail within the Retail & Consumer group.

I assist clients in trademark contentious and non-contentious issues and I assist many Consortia in several out-of-Court actions and judicial proceedings regarding the protection of the respective PDO against violation in Italy as well as in several foreign jurisdictions.
I have a considerable expertise on influencer marketing, talent, creative and production agreements and I advise marketing agencies and brands on advertising campaigns across all digital and non-digital media, sales promotions, loyalty programmes, prize competitions, pricing requirements and complaints before regulators such as the Italian Competition Authority (ICA) and the Italian Advertising Standards Authority.
I also advise clients on website terms and conditions, terms and conditions of sale and e-commerce requirements and on the designing of customer journeys.
I co-conceived the project NEXT® - New Generation Excellence Training, a training programme focused on soft skills for the next generation of general counsel.
I am a native Italian speaker and am fluent in English. I contributed to the opening of the Italian office in 2003.

• Assisting with contentious and non-contentious business relating to trade mark disputes, and drafting documents and opinions relating to the validity and infringement of trade marks.
• Advice and assistance with establishing the best strategy for protecting trade marks and opinions relating to the validity requirements and registrability of trade marks before filing.
• Non-contentious activities involving reviewing various clients' advertising campaigns, analysing critical factors and drafting opinions.
• Activities in contentious proceedings relating to unfair competition in comparative advertising and/or misleading advertising.
• Preparation and review of agreements relating to advertising agencies, public works commissions, advertising exploitation of name and image, display/broadcasting of advertising, advertising concessions, sponsorship; marketing service agreements, content production and licensing, testimonial agreements.
• Preparation and review of agreements relating to licensing, franchising, distribution and supply; Internet contracts (general terms of access and use of websites, leasing of advertising space, general terms of online sale/consumer protection, and terms governing distance selling agreements).

• Preparation of applications and defence pleadings in proceedings before the Italian Advertising Standards Authority regarding the compliance of advertising with the Commercial Communications Self-Regulatory Code.
• Preparation of applications and defence pleadings in proceedings before the Italian Competition and Market Regulator regarding the compliance of some advertising with Italian Legislative Decree no. 145/2007.
• Preparation of applications and defence pleadings in proceedings before the Italian Competition and Market Regulator for Unfair Business Practices pursuant to Italian Legislative Decree 2005/206 (as amended).
• Assisting international clients with the localisation of online sales agreements for use in various EU and non-EU countries.
• Identification and analysis, at national and European level, of the legislation, regulations and technical standards relating to the textile industry, and consultancy regarding: production/technical specifications (including restrictions on marketing abroad); product safety and certifications; labelling (including product traceability obligations); Italian-made products.
• Assisting with labelling of cosmetics and in the field of cleaning products, including preclearance activity and approval of labels.
• Frequently assisting different groups involved in PDO in challenging the violations of PDO and subsequently negotiating to reach a potential settlement of the dispute.