Court of Naples, 9888/06 - Docket No. 35671/2004 - Article 107 Industrial Property Code
Unlawful marketing of vegetal varieties with a name which is a third party's registered trademark without the owner's authorization infringes the breeder's rights and therefore results in damages far the unlawful conduct to be calculated according to the judge's fair evaluation but also amounts to (remaining) unfair competition and results in an injunction measure with a penalty pursuant to Article 124 Industrial Property Code as well as the publication of the measure.
