Unfair Competition

We assist entrepreneurs, companies, and economic operators in the management and resolution of disputes relating to unfair competition, protecting business goodwill, corporate reputation, and competitive value.

Unfair competition may take various forms and manifest through conduct capable of creating confusion in the market, unfairly exploiting another party’s reputation, or unjustly damaging a competitor. In this context, Clovers provides legal assistance both at the preventive stage—through risk assessment and the definition of protection strategies—and in litigation before the competent judicial authorities.

In particular, the Firm acts in cases of slavish imitation of products or commercial initiatives, where a competitor reproduces aesthetic or functional features capable of causing consumer confusion, as well as in cases of commercial disparagement, which occur through the dissemination of information or communications likely to harm the reputation of a company or its products.

We also assist clients in cases of parasitic exploitation, where an economic operator seeks to unfairly benefit from the reputation, investments, or entrepreneurial initiatives of a competitor, improperly appropriating the results of its business activity.

The Firm’s practice also includes protection against misleading or unlawful comparative advertising, as well as against market-distorting conduct such as commercial boycotts, below-cost sales aimed at eliminating competitors, unlawful solicitation of employees or commercial agents, and interference in contractual relationships with clients and suppliers.

More generally, we assist companies against any conduct contrary to the principles of fair competition that is capable of harming another party’s business or unfairly appropriating its goodwill, taking action through both judicial and out-of-court remedies, including cease-and-desist letters, injunctive actions, claims for damages, and interim measures.

Francesco Patriarca - Copyright 2025

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Expertise

The Firm has previously assisted:

  • a leading Italian steel company in a case involving the misappropriation of trade secrets by a competitor;

  • a company operating in the high-end jewelry sector in a case of slavish imitation of its products;

  • a company active in the tobacco substitutes sector in a dispute involving unfair competition by a former employee.