Unfair competition in Internet .
Designated Judge O. De Masi
Trieste e Venezia Assicurazioni Genertel Spa vs./ Crowe Italia
Srl
The Designated Judge of Rome ordered "Crowe Italia Srl to
immediately remove the Genertel reference from the html page at
the www.crowe.it/index.htm website as well as from all the other
web pages within the crowe.it domain and including the Claimant's
name".
This decision confirms the prevailing law course that protection
of art. 2598 no. 3 Civil Code also applys to Internet, as "each
entrepreneur, while competing to acquire more favourable market
position can resort to its own means and shall not take parasitic
advantage of the results obtained by third party's means".
The decision, therefore, considers that "even the Internet
user's mere knowledge of the existence of comparable products
or services of the competitor is capable of influencing the consumer's
choice, said knowledge having been obtained by Crowe Italia by
unfairly taking advantage of the competitor's entrepreneurial
efforts, even by offering similar goods or services and for better
prices."
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