Rejection of the lawsuit against "Tio Nacho" for unfair competition in the shampoo market

of Santiago rejected the claim of unfair competition in the market for hair care and cleaning products against the product "Tio Nacho".

The unanimous decision of the Fifth Chamber of the Court of Appeal dismissed the action brought by Procter & Gamble Chile Limited against Genomma Lab Chile SA, for the alleged unfair competition in the promotion of Medicasp products, Tío Nacho Control Canas and Tío Nacho Clarifying.

The decision maintains that "corresponds accordingly to the merits of the evidence and the allegations from both sides determine whether the advertising campaigns for Medicasp products, Tío Nacho Control Canas and Tío Nacho clarify the facts."

The resolution adds that "this Court considers that the advertising campaigns for the aforementioned products are consistent with the usual behavior of the advertising business, in which the alleged virtues of the products are highlighted, without the it can be inferred from behavior contrary to good faith or morality which, by illegitimate means, seeks to divert customers from a market agent ".

He therefore concludes that: "the sentence of May 26, two thousand and seventeen, written at pages 662 and following, and it is hereby declared: That the application for unfair competition presented by César Cbades Toledo, lawyer, is rejected in a conventional representation of Procter & Gamble Chile Ltda, importer and distributor of consumer goods Genomma Lab Chile SA, importer and distributor of cosmetics and pharmaceuticals, legally represented by José Manuel Domín guez Acuña. "

See the complete failure HERE