A warning to distributors of a risk of counterfeiting without a court ruling constitutes commercial disparagement

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: …

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Unfair competition in the luxury jewellery sector: Absence of parasitism by Louis Vuitton

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 …

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Unfair competition: application of Egyptian law by a French judge

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 …

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HOW AN EUROPEAN JUDGE SHOULD QUALIFY A CIVIL CLAIM RESULTING FROM CONDUCT ALLEGEDLY AMOUNTING TO UNFAIR COMPETITION ?

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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