LGV OBTAINS ALSO BEFORE THE COURT OF CATANIA AN INJUNCTION ORDER AGAINST AN ONLINE RESELLER OF ILLICIT SOFTWARE
The decision pronounced by the Court of Catania, in accordance with the unanimous jurisprudence obtained by LGV before the IP Court Division, ordered an online reseller to cease selling computer programs owned by a major software company without authorization.
The precautionary action was filed by LGV on behalf of its client after the latter had learned that the defendant company was reselling, through some websites, computer programs of its ownership without authorization. Such programs consisted, in particular, of programs marketed by the applicant as temporary licenses only (in the form of monthly or annual subscription). The online retailer, on the other hand, was selling these programs with perpetual licenses for “vile” amounts, according to the definition given by the above-mentioned decision.
The Court of Catania, granting the petition in its entirety, found that the defendant had unlawfully exploited the exclusive rights of ownership of the applicant company, granting the inhibitory injunction also with regard to the protection of the trademark owned by the software house. The Judge also stated that the reseller’s conducts constitute unfair competition both from the confusory perspective and with respect to the servile imitation.
The above-mentioned decision also reaffirmed the principle that the cessation of the conduct while the proceedings are pending does not eliminate the imminence of the periculum because the cessation of the conduct, determined only by the free determination of the party, cannot be considered permanent; the distributor, therefore, in the absence of a judicial order, could easily repeat the abusive conduct by creating new website The Court also stated that the requirement of imminence of the harm derives from the lasting nature of the infringement perpetrated by the defendant and, in any case, from the lasting effects of the conduct.