API ITALIA, under urgent proceedings heard at a sitting of the specialised business section of the Court of Venice, sought and obtained an injunction against Natural Group S.c.ar.l. preventing the production, sale and advertising of pools and/or ponds that use the construction process protected under European Patent No. 1.922.457B1 filed by Alessandro MILANI (CEO of Biodesign) and are built according to the procedures defined in patent application VR2012A000237 filed by Camillo GROLA for the product known as Sorgiva, and used by Natural Group S.c.ar.l.
In addition, the Court prevented the same company from using reproductions of swimming pools and similar products built and sold by API Italia, ordering the aforesaid to withdraw from the market all advertising, information and sales material.
Finally, the court authorised API Italia to seize the aforementioned material once withdrawn from the market, a fine of EUR 30,000 was set for each violation of the order and the court ordered Natural Group S.c.ar.l. to publish the ruling in the following newspapers: Corriere della Sera and Il Gazzettino (national edition).
Natural Group S.c.ar.l. appealed this ruling and, on 21 August 2014, the specialised business section of the Court of Venice upheld the original ruling, specifying and confirming that Natural Group S.c.ar.l. could not produce or market any product built according to the procedures defined in the patent application filed by Camillo GROLA for the product known as Sorgiva.
This ruling has put an end to the counterfeiting and unfair competition carried out by Natural Group S.c.ar.l. vis-a-vis API srl (Biodesign).