Unfair competition

How to protect yourself from unfair competition under the law

ABM, which stands for Agenzia Brevetti e Marchi [Agency for Patents and Trademarks], offers its consulting services and assistance for the protection of companies in the free market, so that they can defend from unfair competition, in the province of Pisa, throughout Italy and worldwide.

Article 2598 of the Italian Civil Code singles out three distinct categories of unfair competition.

Confusing acts: The use of names or distinctive signs to engender confusion with names or signs used legitimately by others or slavish imitation of a competitor's product, or any other actions performed with the intent of creating confusion with the products and the activities of a competitor.

Denigration: The dissemination of news and reviews of products and activities of a competitor, actions designed to discredit the products or appropriate the qualities of the products or the company of a competitor.

Professional misconduct: The direct or indirect use of any other means inconsistent with the principles of professional behaviour, aimed at damaging the company of another.

In order for it to be deemed that unfairness exists, the subjects must be businesses and they must be in competition in the sector in question, and, in particular, it is necessary that the competitor entrepreneurs share the same end customers, albeit with some distinction, as established by the law .

The competent ordinary court may, as an interim measure, grant all the measures they consider appropriate in the case in question to stop unfair competition, with a sentence regarding damages and publication of the judgement.

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