Unfair Competition and Counterfeiting

Legal assistance in cases of counterfeiting or unfair competition is one of our strongest areas of expertise.

Our wide experience in unfair competition and counterfeiting allows us to make clear, accurate and realistic assessments (also in economic terms and in terms of the real opportunity of legal action). Our special services dedicated to this practice area are:

  • first appointment (preliminary assessment);
  • legal advice on business interference;
  • legal warning or first legal response letter;
  • defence in court;
  • Customs Agency reporting;
  • reporting to web platforms.
  • Do you want to receive now a personalized quote? Click on the “CALCULATE A QUOTE” button below. Answer a few simple questions and you’ll get a quote in less than two minutes.

What is unfair competition?

If you are accused of committing acts of unfair competition or counterfeiting, you may receive a legal warning. Conversely, you may be a victim of such acts. Our experience in this area allows us to always make clear, accurate and realistic assessments ( also in economic terms and considering the real opportunity of legal action). 

The regulation governing unfair competition provides penalties for a wide range of commercial conducts in conflict with professional fairnessIt does not only concern imitation of competitors’ products and/or ideas but also theft of information (secrets and know-how), diversion of employees, commercial denigration, boycotts, etc.

Unfair competition is governed by Article 2598 of the Italian Civil Code but also has an international basis in the Paris Convention signed on 20 March 1883. The Convention is one of the first intellectual property treaties and, with 178 member countries, is one of the most widely adopted treaties worldwide. 

What is the difference between unfair competition and counterfeiting? Well, only when unfair competition also involves the infringement of patents, trademarks or other copyrights can one properly speak of counterfeiting.

What are the main types of unfair competition?

There are several recurring types of unfair competition. Through acts of unfair competition an entrepreneur takes unfair advantage, saving costs, exploiting the reputation of a competitor or damaging it. A list of the most frequent cases of unfair competition follows:

  • imitation of names, trademarks, product designs, websites, catalogues (i.e. acts likely to create confusion and mislead customers);
  • advertising by reference (i.e. appropriation of advantages or linking to the reputation of others)
  • denigration (i.e. false and disparaging communications about the competitor).

As they violate professional fairness and are potentially detrimental, the Courts have also deemed the following behaviours unlawful:

  • the continuous takeover of the competitor’s business ideas/initiatives (so-called parasitic competition)
  • the systematic diversion of the competitor’s employees (so-called diversion of employees);
  • pressure on suppliers and other operators aimed at forcing an entrepreneur out of the market (so-called boycott);
  • the theft of confidential information (e.g. know-how, software codes, customer or supplier lists);
  • employee’s solicitation (often in connection with the theft of secrets);
  • undue advantage deriving from the violation of laws or regulations, e.g. false Made in Italy, illegitimate CE marking (so-called violation of advertising regulations).

This list is for illustrative purposes only.

How to act in case of unfair competition or counterfeiting?

Most unfair competition cases are dealt with by means of a legal warning. In fact, with the assistance of a lawyer – by means of a legal warning – it is possible to invite the offender to pay damages and immediately cease the harmful conduct. In other cases, however, it may be more profitable to act by surprise with urgent judicial measures (also to prevent the infringer from concealing the evidence of his guilt).

In the case of blatant online infringements involving trademarks, patents, design, copyright, etc., we report the infringement directly to the platform offering the counterfeit goods for sale (e.g. Amazon, Alibaba, etc.).

The Customs Agency also provides for the possibility of making a specific report, the so-called “application for Customs action“, aimed at having the suspected goods seized. Please see, in more detail, the special services at the bottom of the page.

When unfair competition becomes an offence?

Pursuant to Article 513 bis of the Criminal Code “Anyone who, in the practice of a commercial, industrial or otherwise productive activity, engages in acts of competition with violence or threats shall be punished by imprisonment for a period ranging from two to six years“.

Besides the civil offence outlined in Article 2598 of the Italian Civil Code, a real offence is committed when violence or threats are used to prevent the competitor from acting freely on the market or from self-determination. Just think of the intimidatory acts typical of places where organised crime is rife.

ASK FOR A QUOTE

SPECIAL SERVICES

FIRST APPOINTMENT

You can contact us by booking an initial consultation appointment (in our office, by phone or even by videoconference).

LEGAL ADVICE ON BUSINESS INTERFERENCE

This service allows you to receive expert advice on unfair competition or counterfeiting, in order to assess the cost-effectiveness of legal action.

LEGAL WARNING OR FIRST LEGAL RESPONSE LETTER

Through a letter from a lawyer, the service allows you to react to or defend yourself in a case of counterfeiting or trade interference.

DEFENCE IN COURT

We are experienced litigators: we always aim to obtain the best possible result before ordinary and special courts.

CUSTOMS REPORTING

In case of counterfeiting, the customs reporting service allows you to obtain the intervention of the Customs Agency and the detention of suspicious goods.

REPORTING TO WEB PLATFORMS

Marketplace or e-commerce platforms, even if they are not the material authors of the infringements, are required to intervene in the event of counterfeiting.

ASK FOR A QUOTE

The latest news

MARCHI+
focus on

“Trademarks+” 2023: the call for grant funding for Italian companies for protection and registration

“Disegni+” 2023: fino a 60.000 € a fondo perduto per chi registra il design
focus on

“Designs+” 2023: up to €60,000 grant for those who register design

focus on

“PATENTS+” 2023: up to €140,000 non-repayable grant for SMEs that own patents

Quando marchi, brevetti e controversie legali contribuiscono a creare una redditizia icona pop: Barbie
focus on

When trademarks, patents and litigation help create a profitable pop icon: Barbie

Emoticon e diritti di marchio: l'intricato labirinto della registrabilità
focus on

Emoji and Trademarks: the EU Board of Appeal delivers its opinion on the registrability of the “I Love You” sign.

Workshops & Events

EXPANDING YOUR BUSINESS IN ITALY: Legal Aspects, Creativity and Strategy

28 Sep 2023 | 18:00 - 20:00
Webinar Live!

Software and Web Platforms: incentives, development and legal protection

9 Oct 2023 | 18:00 - 20:00
Live Webinar!

Collecting and legal protection: an essential guide for art enthusiasts

26 Oct 2023 | 1° modulo: 10:00 - 12:30 / 2° modulo: 14:30 - 17:00
Live Webinar!

Franchising: understanding and facing the challenges of strategic expansion [Live Webinar!]

16 Nov 2023 | 18:00 - 20:00
Live Webinar!

Music Law: an essential guide for professionals

30 Nov 2023 | 1° modulo: 10:00 - 13:30 / 2° modulo: 14:30 - 17:00
Live Webinar!

Essential course on fashion law

Essential Course on Fashion Law [Live Webinar!]

14 Dec 2023 | 18:00 - 20:00
Live Webinar!

Essential Course on Image Law® [Live Webinar!]

25 Jan 2024 | 18:00 - 20:00
Webinar Live!

The website development contract: a practical guide to protecting your work and your clients

14 Sep 2023 | 18:00 - 20:00
Live Webinar!

The assignment contract in professional photography: legal and practical strategies for photographers

10 Aug 2023 | 18:00 - 20:30
Webinar Live!

Understanding the Patent Box: 110% deduction on investments in software, patents and design

Understanding the Patent Box: 110% deduction on investments in software, patents and design

27 Jul 2023 | 14:30 - 14:50
Live Webinar!

the right to copy

The Right to Copy® the other side of intellectual property [Live Webinar!]

13 Jul 2023 | 18:00 - 20:00
Live Webinar!

Capire il bando Invitalia TOCC: fino a 75.000€ a fondo perduto

Understanding the Invitalia TOCC call for proposals: up to €75,000 in grants

16 Jun 2023 | 14:30 - 14:50

trademark naming

You will never forget your first trademark® [Live Webinar!]

15 Jun 2023 | 18:00 - 20:30
Webinar Live!

intelligenza artificiale

A Thousand and One Questions (On Copyright) in the Artificial Intelligence Era

18 May 2023 | 18:00 - 20:00
Live Webinar!

error: Content is protected !!