UNFAIR COMPETITION: PROTECTING YOUR BUSINESS
Unfair competition arises between undertakings that operate in the same market and offer similar goods or services. Article 2598 of the Italian Civil Code (without prejudice to trade-mark and patent provisions) classifies as unfair competition any use of a competitor’s trade name or distinctive signs, imitation of the competitor’s products, or any other act capable of causing confusion or misleading consumers.
Massa Law Firm provides both out-of-court and in-court assistance against unfair competition and anti-cybersquatting, meaning the appropriation of domain names corresponding to someone else’s trade mark for illicit profit.
How Massa Law Firm can help
Descriptive seizure and urgent measures
We resort to descriptive seizure and injunction under Article 669-bis of the Code of Civil Procedure in the competent Business Court to immediately stop the production or distribution of illicit goods.
Action for damages
We quantify actual loss and lost profits (see Cass. SAI v. UGF, 2007) and secure full compensation, including restitution of the infringer’s unlawful profits.
Criminal prosecution
The most serious acts also constitute the criminal offences of trade-mark and distinctive-sign counterfeiting (Arts. 473-474 Criminal Code), punishable by up to three years’ imprisonment and a fine.
Legal protection against unfair acts
We offer specialised legal assistance whenever your business is harmed by competitors or former employees through: diversion of customers; disloyal employees and theft of know-how; slavish imitation of products or services; dissemination of false or disparaging information; misappropriation of corporate merits or reputation; any other conduct that violates professional fairness.
Such acts are particularly damaging when aimed at stealing trade secrets or strategic assets and undermining market competitiveness. An act may be deemed unfair even without intent or negligence if it causes, or merely threatens, actual damage to a competitor.
Our intervention safeguards corporate integrity and reputation, preventing or countering distortions of competition in accordance with the Italian Consumer Code and under the supervision of the Antitrust Authority (AGCM).
Acting swiftly is essential to limit or eliminate harmful effects.
Have you suffered an act of unfair competition?
Contact us now for a personalised consultation.