What are acts of unfair competition confusion?

unfair competition












For Unfair Competition Law, are acts of dishonor that induce to error on the activity, benefits or establishment.

It is expressly stated in Article 6:

Article 6 Acts of confusion

All it ideal behavior is considered unfair to create confusion with the activity, benefits or establishment outside.

The likelihood of association by consumers about the appropriateness of the provision is sufficient to support a practice disloyalty.

The reform Unfair Competition Law by Law 29/2009 has expanded the concept of acts of confusion to introduce specifically those targeting consumers and users in Articles 20 and 25.

Article 20 refers to practices that create confusion in relations with consumers and users, including the likelihood of association. Article 25 considered unfair by misleading, the promotion or marketing of goods or services to a consumer inducing error in the source thereof.

The introduction of these items occurs as transposition into Spanish law of Directives 2005/29/EC and 2006/114/EC.

Unlike acts of imitation, the acts of confusion impact of error on the merits of the product, usually by misuses of distinctive signs. Acts of imitation, listed in Article 11 of the Law of Unfair Competition induce to error on the product itself.

The concept of "acts of confusion"Is set very broadly, so that they have even considered such "omissions" of the duty to differentiate product presentation (SAP Barcelona 19.12.02). Most common are the cases in which it produces a confusion on the elements of identification and presentation of business.

If it is a direct violation of a trademark, should go to the protection of the Trademark Act, and in cases where such coverage does not reach, can be used via the Unfair Competition Law.

It also allows us to protect brands not registered, renowned brands, of company names or even from search domain name.

Equally, in the case of acts of confusion on packaging, packaging and external distinctive, we can get protection. Even the decor of a commercial facility that can produce confusion among consumers may be subject to a claim for unfair competition.

In any case, necessary show that there is a certain degree of recognition by the public and it is a package, differentiated packaging or decoration.

Last, is also considered as an act of confusion display indicating the status of agent or dealer if he did not have.

It is not necessary that the confusion is effective enough but behaviors that allow this confusion. In each case it will be necessary to make an assessment of all the circumstances, and especially, the relative profile of the person to whom the product is intended.

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