9. Actions for infringement or unfair competition

9.1 Similarities/differences

In matters of trademark and design counterfeiting, as well as unfair competition, judges look for similarities, not differences, when imposing penalties.

The courts decide on a case-by-case basis. This means that the outcome of legal proceedings is always uncertain (see Box 10).

• In trademark law, infringement can only be assessed in relation to the products or services designated at the time of registration, due to the principle of speciality (see Box 11).

  Examples

  • Counterfeiting :

    • Squale and Strale for sports products;

    • ...