Coincidence or unfair competition?
In what cases are we going to have a problem, a major one, when we imitate someone else's products or services?
Following the favorable sentence to FNAC in relation to HAPPY PILLS, you have the attached news, we pay attention to the detail; watch out for the competitive singularity.
There is a very blurred line between a slight imitation and unfair competition, it is easy to cross it and at the same time it is difficult to judge for those who have to decide whether it is an action to be penalized or not.
Article 11.1 of the LCD indicates that there is free imitation of business services and initiatives, except:
- that they are protected by exclusivity rights (trademarks, patents, industrial designs, etc...)
- that such imitation generates an association among consumers about the business origin
- that there is an exploitation of the reputation or effort of others.
One of the keys will lie in the competitive uniqueness of the business that is the object of the alleged imitation, those features that differentiate it from the usual services in its own sector, and for which it is recognized and can be identified.
It is not only necessary to consider the possible exploitation of another's effort and reputation, but also the circumstances in which the imitation takes place.
Our advice will always be along the lines of protecting as many intangible assets as possible, trademarks, patents, domains, industrial secrets, etc... in the search for the coverage of the features that make up your competitive uniqueness.
Photo by Vacho, on Pixabay.
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