With decision published on 10 June 2019, the Naples Court of Appeals decided on the unlawful use of the domain name “fantagazzetta.com” and of the name “fantagazzetta”, as well as the unauthorised use of the “votes” and “ratings” published on the Gazzetta dello Sport, affirming that such conduct constitutes unfair competition according to art. 2598 paragraph 1, n. 3 of the Civil Code.
In particular the Naples Court of Appeals has affirmed that “the adoption of the word “Fantagazzetta” is the result of combining the two words “Fanta” and “Gazzetta”, which, when put together form the abbreviated expression “Fantacalcio della Gazzetta dello Sport”, which suggests a clear hooking on to the entrepreneurial initiative already undertaken by the competitor including unfair competition“. The Court also affirmed that “the defendant activity of copying practically all the published information concerning the “votes” and the “ratings” of the players represents unfair competition“.
This is a very interesting decision also from a giuridical point of view as it relates to relations between industrial property and repressive legislation of unfair competition.