The misleading advertising dispute between Onorato and Grimaldi ended in a draw
The Court accepted the appeal of Moby’s and CIN Tirrenia’s shipowner concerning unfair competition, but it did not order its compensation for damages
In March 2016, the Jury of the Self-Regulatory Institute of Advertising had judged the Grimaldi Group’s advertising addressed to the Sardinia market as misleading, and the Court of Milan recently reached the same conclusion.
According to the judges, the campaign amounted to “unfair competition” to the detriment of Moby. Therefore, the court decided to forbit Grimaldi to distribute the advertising messages in question, setting, in case of breach, a 10,000 euro penalty for each day of repetition of the offence. However, the Court rejected the claim for compensation for damages filed by Moby defining it as “groundless”.
As lawsuit costs were compensated, Grimaldi incurred only the charges to publish the caption and purview of the judgement – issued last August by only recently advertised in the press – in two newspapers and a journal.