UNFAIR COMPETITION

Extrajudicial and judicial technical-legal assistance in the fight against unfair competition and anti-cybersquatting, i.e., the appropriation of domain names corresponding to the trademarks of others in order to make an illicit economic profit.

Unfair competition is developed in the context of relations between entrepreneurs operating in the same market by offering similar goods or services upon the occurrence of the conditions described in Article 2598 of the Civil Code, which, without prejudice to the provisions on the protection of distinctive signs and patents, provides that the use of names or distinctive signs legitimately used by the competitor, the imitation of products or the implementation of any other act that is likely to create confusion or imitate the competitor’s products constitutes an act of unfair competition

Legal assistance in cases of diversion of customers, of unfaithful employees, of servile imitation, of dissemination of information on products and/or of activities likely to bring them into disrepute, or, of appropriation of merits and in case of any other means not conforming to the principles of professional correctness and suitable to damage your company.

In particular, conduct contrary to the principles of professional correctness is seriously detrimental because it is aimed at removing business secrets and/or important factors of the company’s strategic asset on the market.

The configurability of the unfair act, regardless of the subjective element of the intentional or the fault of the author, exists for the sole reason of realizing a potential damage or the danger of damage to the competitor.

The fight against unfair competition is aimed at protecting businesses and consumers from possible market distortions (Consumer Code and Competition and Market Authority which has the task of monitoring advertising messages by identifying misleading, unfair commercial practices and anti-competitive behaviour).

Such unfair activities must be tackled promptly with measures to eliminate the harmful effects suffered by the company.

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