A situation of fault is also possible when the two parties are not in competition but the faulty acts of the first may inflict injury to the activities of the second, particularly to its image.
The action for unfair competition can be engaged alone, jointly with an action for infringement or as accessory action.
When engaged jointly to an action for infringement, the action for unfair competition is admissible only if distinct facts from those of the infringement exist. For example, the use of lower prices, the use of similar colors or presentation of a product in case of infringement of a trademark, the diversion of customers...