De Berti Jacchia assisted OmniVision Italia S.r.l. in interim proceedings brought by a competitor before the Court of Milan, which dismissed the claimant’s requests for an injunction and seizure concerning the marketing of a food for special medical purposes (FSMP) intended for the dietary management of patients with glaucoma. The decision was subsequently upheld on appeal.
In its appeal ruling, the panel confirmed the dismissal of the interim relief requests, finding that the case did not constitute an instance of “look-alike” packaging, slavish imitation, parasitic competition or unlawful comparative advertising.
The dispute arose from OmniVision’s marketing of the product VisioColina, which the claimant alleged infringed its rights in relation to its own FSMP. According to the claimant, the product featured similarities in its packaging and was promoted in a manner that justified the issuance of injunctive relief and seizure measures.
In upholding the first-instance decision, the Milan IP Court (Specialised Business Sections) found that the requirements for granting interim relief were not met, holding that the products and their respective packaging were sufficiently differentiated to exclude any likelihood of confusion, unfair exploitation of the reputation of the competing product, or parasitic competitive conduct.
The Court also ruled out the existence of unlawful comparative advertising, noting that the information concerning the product’s composition and price was objectively verifiable and that there was no evidence of misleading or unfair promotional practices. Finally, the Court excluded any liability on the part of OmniVision in relation to search engine results and to commercial initiatives independently undertaken by pharmacies and online sales platforms.
De Berti Jacchia represented OmniVision Italia S.r.l. with a team comprising partners Roberto Angelo Jacchia and Silvia Doria, assisted by senior associate Giulia Beneduci and associate Silvia Bolognani.
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