It is normal that there exists a certain degree of similarity between activities that, although belonging to different owners, are in the same field (for example, two supermarket or two perfumeries chains). The question is: to what extent your business can lawfully resemble to another one which is already in the market without incurring the prohibition of parasitic unfair competition.

Italian law identifies 3 types of unfair competition: that concerning confusability of goods and services and slavish imitation, that concerning denigration of the competitor and the appropriation of the merits of other and that one which violates the principles of professional correctness.

In presence of comparative advertising unfair competition occurs when a trademark appropriates requirements, virtues or other belonging to another brand. Let’s see more in detail.