With Decision No. 14/2025 dated April 8, 2025, the Jury of the Istituto dell’Autodisciplina Pubblicitaria (IAP – Italy’s advertising standards authority) dismissed the complaint filed by Orogel Società Cooperativa Agricola against Essity Italy S.p.A. The complaint concerned an alleged violation of Article 13 of the Advertising Self-Regulation Code, based on claims of slavish imitation in the advertising campaign for the well-known TEMPO tissues.
Orogel argued that there was a significant overlap between its own advertising campaign – built around the slogan “Pronto a tutto” (“Ready for anything”) – and Essity’s campaign, which used the same tagline. According to Orogel, Essity’s use of the slogan closely mirrored the concept, structure, and style of its campaign, thereby undermining its distinctive communicative identity.
The Jury, however, sided with the arguments presented by Essity’s legal counsel and found the complaint to be without merit. It held that the phrase “pronto a tutto” is a commonly used and generic expression in advertising and cannot be tied solely to one advertiser. The Jury further found no meaningful overlap between the two campaigns, pointing to differences in product categories, narrative structures, and the lack of shared stylistic elements that could constitute slavish imitation.
Essity entrusted its defence before the IAP Jury to attorneys Francesco Celluprica (Barzanò & Zanardo S.p.A.) and Mario Petrocelli (Petrocelli Firm), who successfully demonstrated both the lack of originality in the contested expression and the distinctiveness of Essity’s campaign, securing a full victory for their client.
The decision reaffirms a key principle: advertising protection must be proportionate to the originality of the content and cannot be used to unduly monopolize common expressions – particularly when applied in clearly differentiated market contexts and stylistic frameworks.
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