While the appropriation of a competitor's confidential information does constitute an act of unfair competition, it does not automatically give rise to compensation for financial loss. Only moral damage is presumed, while any material loss or lost profit must be precisely demonstrated. Defamation can only be characterised as such if it has been made public: …
Lire la suite de Unfair competition: financial compensation and denigration
The Court of Cassation reiterates that a company cannot warn its competitor's distributors of a risk of counterfeiting in the absence of a court ruling confirming its rights. Such warnings constitute wrongful disparagement, even when they are worded with restraint. Court of Cassation, Commercial, Financial and Economic Chamber, 15 October 2025, No. 24-11.150 The facts: …
Cass. com., 5 March 2025, No. 23-21.157 The facts Richemont and Cartier brought an action against Louis Vuitton, claiming that the ‘Color Blossom’ collection used the stylistic codes of the ‘Alhambra’ jewellery range (a four-leaf clover in precious metal-encircled gemstone). They believed that this similarity reflected a strategy of capturing the reputation and expertise of …
In a ruling of 18 December 2024 (Civ. 1ère, pourvoi n° 23-19.224), the Cour de cassation clarified the obligations of the French judge when applying foreign law in matters of unfair competition and economic parasitism. The case, which pitted the SEB-Moulinex group against several French and foreign companies, concerned the imitation of household electrical appliances …
Lire la suite de Unfair competition: application of Egyptian law by a French judge
Despite all endeavors of unification, in Europe, it is still important to know precisely which jurisdiction has the rationae loci competence to hear a civil claim. The same issue was raised to the Court Of Justice of European Union accordingly to the dispute between a German luxury watch seller and a master watchmaker established in France on …
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