La tutela dell'art. 2598 cod. civ. e il vallum a ridosso del sistema inaugurato dall'attuazione della Direttiva 2005/29/CE, nota alla sentenza Cassazione n. 14793 del 4 giugno 2008

The hypotheses referred to in numbers 1 and 2 of Article 2598 of the Civil Code they represent the exemplification of the typical forms of unfair competition, respectively providing for acts capable of producing confusion (including acts of slavish imitation) and acts of denigration. The essential elements for the configuration of the hypotheses envisaged in n. 3 are: 1) the direct or indirect use of any other means that does not comply with the principles of professional correctness; 2) the suitability of such use, due to its potential effect of diverting customers, to damage the company of others. For the purpose of configuring the conduct of unfair competition, the objective and material confusion of competing products and activities is irrelevant given that no. 1 and the no. 3 of the art. 2598 code civ. expressly indicate as an element characterizing the two cases only the "suitability to produce confusion" and not the actual confusion verified in fact.