Rodolphe Mesa

The various rulings handed down by the Commercial Chamber of the French Supreme Court on March 25, 2014 in disputes between SFR and Féridis concern the terms of the unfair competition action. In these various cases, the former company had entered into agreements with several owners of parcels of (...)

Cass. 1st civ., 20 March 2014, n° 12-18.518, Tod’s c/ Pinet, Orphée club and Santiago Pons Quintana Cass. com, February 4, 2014, No. 13-11.044, Parfums Christian Dior c/ Ferragamo The Court of Cassation has returned to the evidentiary conditions of the action based on economic parasitism and the (...)

Cass. com, March 20, 2014, Tod’s Spa and Tod’s France v. François Pinet and Orphée Club, Appeal No. 12-18.518, published in Bulletin Cass. com, 20 May 2014, Maisons Pierre contre Fousse constructions et Constructions traditionnelles Val de Loire, appeal n° 13-16.943, not published in the Bulletin. (...)

After the disputes between operators of passenger vehicles with drivers and taxi drivers, the ruling handed down by the Commercial Chamber of the Court of Cassation on March 11, 2014 makes it possible to revisit the competitive relationship between taxis. In this case, an association of 15 (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on February 4, 2014 returns to the classic and common question of the relationship between unfair competition and counterfeiting. In this case, a company selling porcelain objects had one of its competitors sued for (...)

In a ruling handed down on 9 December 2013, the Toulouse Commercial Court ruled on the legality of the sale of electronic cigarettes by non-buralist retailers and the advertising of these products. The consular judges prohibited such acts on the basis of unfair competition and ordered the (...)

The First Civil Chamber of the Court of Cassation returns, with its ruling of 14 November 2013, to the elements constituting the fault sanctioned as an act of unfair competition. In this case, two software developers who had entrusted the marketing of their product to a company sued a competing (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on 24 September 2013 reviews the elements constituting the denigration characteristic of an act of unfair competition and its sanction. In this case, a company manufacturing and marketing gas appliances and gas (...)

While it is settled case-law that the owner of an intellectual property right who is the victim of an act of infringement can only obtain a supplementary conviction of the offender on the basis of unfair competition by proving a fact distinct from the fault of infringement (Cass. com.., 6 (...)

In its ruling handed down on 10 September 2013, the Commercial Chamber of the Court of Cassation ruled on the question of whether a shareholder of a simplified joint stock company is liable, in his sole capacity as a shareholder, for a non-competition obligation towards the company. In this (...)

The Commercial Chamber of the Court of Cassation returns, with an important decision handed down on 10 September 2013 and published in the Bulletin, on the questions of the characterisation of the act of unfair competition following the transgression of a rule of professional ethics and the (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on July 9, 2013 maintains the strict evidentiary requirements with regard to proof of fault in the matter of customer diversion. In this case, the former employee of a company, who had been dismissed for serious (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on July 9, 2013 returns to the characterization of unfair competition by confusion. The case decided was between a furniture designer and a furniture manufacturer. The former had entrusted the latter with the plans of (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on 9 July 2013 is interesting in that it reviews the conditions for sanctioning an economic operator on the basis of parasitic competition. In this case, a company operating supermarkets and hypermarkets had, after (...)

The act of unfair competition or economic parasitism can be lucrative when the author realizes a gain or economy. Positive law is deficient because damages are not a high enough amount. It is appropriate to strengthen the sanction. Principle of full restitution of illicit profits is a solution. (...)

Cass. com, January 29, 2013, Brevini Power v. M. X and Rossi, No. 11-26.957 The Commercial Chamber of the Court of Cassation recalled, in its ruling handed down on 29 January 2013, the nature of a civil liability action for proven fault of the action intended to punish an act of unfair (...)

Cass. com, February 12, 2013, ENS c/ Maison Apollinaire, n° 12-13.808 The ruling handed down by the Commercial Chamber of the Court of Cassation on 12 February 2013 provides an interesting illustration of the acts of unfair competition that may be committed in the context of craft activities. (...)

Cass. com, January 29, 2013, Cobrason v. Solutions, Nos. 11-21.011 and 11-24.713. The Commercial Chamber of the Court of Cassation returned, with its ruling of 29 January 2013, to the limits to the freedom of trade and industry that are the consequence of the unfair competition regime. In this (...)

Cass. com, 12 February 2013, Eiffage TP c/ La Tour des chevaliers, No. 12-14.045 The Commercial Chamber of the Court of Cassation recalls, in two interesting judgments handed down on 12 February 2013, the definitions and characteristics of economic parasitism and notorious parasitism. In the (...)

The ruling handed down by the First Civil Chamber of the Court of Cassation on April 10, 2013 goes back over the complex relationship between the action for unfair competition and the action for infringement. In this case, an online travel sales company that accused a competitor of having (...)

The Commercial Chamber of the Court of Cassation returned, with its ruling of 19 March 2013, to the issue of possible non-competition obligations to which the members of a limited liability company would be bound. In this case, a limited liability company with an industrial technology activity (...)

The Commercial Chamber of the Court of Cassation returned to the regime of canvassing of the customers of others with regard to the law of unfair competition with its ruling handed down on 19 March 2013 concerning the situation in which the canvassing is carried out by a former employee of the (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on 12 March 2013 is interesting for two reasons. On the one hand, because it rules on the practice of carpooling with regard to unfair competition law. On the other hand, because it specifies the elements of damages that (...)

"Cass. com., October 9, 2012, No. 11-20725, Beaufour Ipsen Pharma v. Mylan." After a first judgment on the issue of disparagement on 27 April 2011, which held that launching an opinion campaign on the need to open up the market for non-reimbursed medicines to competition is not in principle (...)

"Cass. com, October 9, 2012, No. 11-28.498, Noirot v. JP outillages distribution". The ruling handed down by the Commercial Chamber of the Court of Cassation on 9 October 2012 is interesting in that it clarifies the termination regime that can be ordered in the context of an action for unfair (...)

"Cass. com., 25 September 2012, No. 11-21266, Nestlé Nespresso and Nespresso France v. Bodum." In two rulings handed down on 25 September 2012, the Commercial Chamber of the Court of Cassation revisits the evidentiary requirements of economic parasitism, while recalling the principle of (...)

Cass. com, 11.09.12, Milo v. EDF and GDF, No 11-21.322 The Commercial Chamber of the Court of Cassation returned, in its judgment of 11 September 2012, to the thorny issue of the distinction between counterfeiting and unfair competition, while adding contractual civil liability to the elements (...)

Cass. 1st civ. 12 July 2012, Hewlett-Packard v/ association UFC Que Choisir, n° 11-18.807, published in the bulletin The ruling handed down by the First Civil Chamber of the Court of Cassation on July 12, 2012 settles a question of consumer law, the answer to which is likely to produce certain (...)

Cass. 1st civ. 28 June 2012, Château Marie du Fou v. Jard Chais Mareuillais, appeal no. 10-28716, not published in the bulletin. The First Civil Chamber of the Court of Cassation, in a ruling handed down on 28 June 2012, has provided certain clarifications on the regime governing the use of the (...)

Cass. com, 26 June 2012, Applitex v. Mr X, appeal no. 11-19.520, not published in the Bulletin. The ruling handed down by the Commercial Chamber of the Court of Cassation on June 26, 2012 makes it possible to revisit the consequences of the misappropriation of customers and the conditions of (...)

Cass. com, May 15, 2012, La Pizzeria v. Queen Victoria, No. 11-10278 In an important decision handed down on May 15, 2012 and published in the Bulletin, the Commercial Chamber of the Court of Cassation has brought the unfair competition action regime closer to that of the violation of (...)

Cass. com, May 15, 2012, Copytel c/ M. X..., Totalia and Euro maintenance, n° 11-12859 The ruling handed down by the Commercial Chamber of the Court of Cassation on 15 May 2012 provides an interesting illustration of a misappropriation of customers to the detriment of companies involved in (...)

Cass. 1st civ., May 4, 2012, Mrs. X..., n° 11-11180 The ruling handed down by the First Civil Chamber of the Court of Cassation on 4 May 2012 is interesting on two counts. On the one hand, because it highlights the interactions between the ethical rules of lawyers and the law of unfair (...)

Cass. com, May 3, 2012, Lego v Lunatic construction, No. 11-18077 The ruling handed down by the Commercial Chamber of the Court of Cassation on 3 May 2012 is interesting in that it clarifies the contours of economic parasitism. In this case, a company marketing toys in the form of stackable (...)

Cass. 1st civ., April 5, 2012, J.M. Weston v/ Promoquestre, n° 10-27373 Cass. 1st civ. 4 May 2012, Mr. X... and sté La Marine v. Mrs. Y... and Mr. Z..., n° 11-13116 The two rulings handed down by the First Civil Chamber of the Court of Cassation, respectively on 5 April 2012 and 4 May 2012, (...)

Cass. com, 3 April 2012, Eurinter and La Solution interimaire c/ AS Interim, No. 10-27743 Cass. com, 3 May 2012, Agro Form c/ Afa, No. 11-18059 The Commercial Chamber of the Court of Cassation, in two judgments handed down respectively on April 3, 2012 and May 3, 2012, recalled the scope of (...)

Cass. com, February 21, 2012, Midi Tielles c/ Coudène Michel, n° 10-27966 The ruling handed down by the Commercial Chamber of the Court of Cassation on 21 February 2012 makes it possible to reconsider the conditions for sanctioning unfair and parasitic competition by imitation of a competitor’s (...)

Cass. com, November 15, 2011, Clos du Baty and Company D. L. Finances v. Fabi, SCI Chanterie and M. X..., No. 10-15049 The ruling handed down by the Commercial Chamber of the Court of Cassation on 15 November 2011 is important in that it clarifies the contours of the unfair competition action. (...)

Cass. com, November 15, 2011, Marc Jacobs International v/ Euroline and Galeries Lafayette, n° 10-25473 The ruling handed down by the Commercial Chamber of the Court of Cassation on 15 November 2011 is interesting in that it returns to the contours of the protection of products that are not (...)

Cass. com, 4 October 2011, Titanbagno c/ LT Aqua +, No. 10-24009 The judgment of 4 October 2011 comes back, as does that of 15 November 2011 (Appeal No 10-25473, commented on elsewhere).), on how to protect products which are not the subject of an intellectual property right by means of the (...)

Cass. com, November 2, 2011, Marquage moderne c/ Libell, n° 10-26936 The ruling handed down by the Commercial Chamber of the Court of Cassation on November 2, 2011 makes it possible to reconsider the conditions of the action in unfair competition for customer diversion. In this case, an (...)

Cass. com, 14 February 2012, Alfred Kärcher and Kärcher France v DCM Friesland, no. 10-27873 As regards the imitation of a non-banal sign or a product of an economic operator, the judgment of 14 February 2012 adopted a consistent solution, similar to that adopted subsequently in the judgment of (...)

Cass. 1st Civ. 12 January 2012, Labrador v. RR Donnelley Printing, No. 10-24696 The ruling handed down by the First Civil Chamber of the Court of Cassation on 12 January 2012 is interesting, not only in that it recalls the evidentiary requirements inherent in an action based on economic (...)

Cass. com, 20 September 2011, Géoconcept c/ Asterop, n° 10-19443 Is it unfair for former employees of a company to arrange for the transfer of some of their colleagues to participate in an activity that competes with that of their former employers? This is essentially the question which the (...)

Cass. com, September 6, 2011, Mrs. X... and Design Sportswears c/ Luna et Caractère, n° 10-18299 Certain questions of law regularly recur in court cases relating to unfair competition and economic parasitism, including the relationship between the civil liability action and the action arising (...)

This article examines the relationship between parasitic competition and economic parasitism and their effects on the sanction of the appropriation of the work of others. The theory of economic parasitism has a relationship with some neighbouring regimes that is sometimes difficult to define. (...)

Cass. com, 12 July 2011, Cabinet Jean-Marc A... c/ In Extenso Alpes Dauphiné (IEAD), n° 10-25386 Administrative regulation is not the only set of rules whose transgression is likely to be analyzed as an act of unfair competition (On this point, see Cass. Civ. 1, July 6, 2011, in this (...)

Cass. 1st civ., 6 July 2011, Orion 38 c/ Diybel, n° 10-20588 The ruling handed down by the First Civil Chamber of the Court of Cassation on July 6, 2011 is an opportunity to return to two important questions relating to the unfair competition action regime, namely the impact of the violation of (...)

Cass. com, 24 May 2011, Chanel c/ Capi, n° 10-18474 Cass. com, May 24, 2011, Chanel c/ Jarnis, n° 10-20620 The rulings handed down by the Commercial Chamber of the Court of Cassation on May 24, 2011 make it possible to reconsider the complex relationship between the provisions of the (...)

Cass. com, 27 April 2011, Univers pharmacie, Direct labo et Union des groupements de pharmaciens d’officine c/ Groupement d’achats des centres Leclerc (Galec), n° 10-15648 On 27 April 2011, the Commercial Chamber of the Court of Cassation handed down a particularly interesting ruling in that it (...)

Cass. com, March 29, 2011, Molinard v/ Sociétés Joy Box Holding and PB licence, n° 09-71990 The ruling handed down by the Commercial Chamber of the Court of Cassation on March 29, 2011 is an opportunity to recall two principles relating to the sanctioning of acts of commercial disloyalty, namely (...)

Cass. com, March 22, 2011, Laboratoires Omega Pharma France c/ Ferlux, nº 10-17814 The ruling handed down by the Commercial Chamber of the Court of Cassation on 22 March 2011 allows us to review the elements necessary to characterise a wrongful denigration of a competitor’s products, which is (...)

Cass. com, March 15, 2011, Interior’s c/ Couleur des Alpes, nº 09-72429 The ruling handed down by the Commercial Chamber of the Court of Cassation on 15 March 2011 in the case opposing Intérior’s and Couleur des Alpes allows us to review the conditions of unfair competition and parasitic (...)

The Islamic law and economics do not directly address the issue of unfair competition. However, these practices detrimental to the circulation and the balance of wealth should be reprobate economically. It’s the same about Islamic law that promotes fairness in relations between contractors and (...)

Cass. com, December 14, 2010, Granimond v/ Établissements Gaubier, No. 10-10951 In its judgment of 14 December 2010, the Commercial Chamber of the Court of Cassation returned to the inevitable, but sometimes complex, relationships between the counterfeiting and economic parasitism regimes (see (...)

Cass. com, December 7, 2010, Louis Vuitton Malletier v/ eBay Inc. and eBay international AG, No. 09-16811 The Commercial Chamber of the Court of Cassation returns, with the ruling of 7 December 2010, to the thorny issue of jurisdiction in matters of unfair competition acts carried out on the (...)

Cass. com, December 7, 2010, Parfums Christian Dior, Parfums Givenchy Kenzo et Guerlain c/ eBay Inc. and eBay international AG, No. 09-14545 This second judgment, handed down on December 7, 2010 and involving the various eBay companies, still deals with the determination of the criteria for (...)

The Commercial Chamber of the Court of Cassation recalled the guiding principles for the assessment of the sanction of a competitor who has committed an unfair act, with the ruling handed down on 23 November 2010. In this case, a company operating several car dealerships had issued an (...)

This article deals with the evidence necessary to establish parasitism, an act of unfair practice, in French law. In principle, civil responsibility procedural provisions should apply, as parasitism is a mere fault requiring regular proofs to be assessed. But case law requires in practice (...)

The ruling handed down by the Commercial Chamber of the Court of Cassation on 28 September 2010 is interesting in that it allows us to reconsider the characterisation of two types of behaviour that are punishable on the basis of unfair competition. In this case, a company operating a large (...)

Cass. com, 13 July 2010, CNNRH v Google and Tiger, No. 06-15136 It is not uncommon, in the case of trademark infringement, for the request for sanction of the infringement to be accompanied by a claim for damages based on unfair competition law. This cumulation, which is subject to the (...)

Cass. com, June 15, 2010, Free c/ Sporazur Morris Sportswear, n° 08-18279 Cass. com, June 15, 2010, MNC Altona v. Dubois Jardin and Silvpol Spolka Zoo, No. 08-20999 The questions of the relationship between actions for infringement and unfair competition and the cumulation of sentences (...)

Cass. 1st civ. 12 May 2010, Oasis SRL v/ société LF diffusion, n° 08-21016 The ruling handed down by the First Civil Chamber of the Court of Cassation on May 12, 2010 makes it possible to come back both to the distinction between unfair competition and non-performance of a concession contract, (...)

Cass. 2nd civ., 6 May 2010, Seiko-Epson and Epson France v/ Sociétés NS Prestations, Magenta, La centrale du consommable informatique and Resolv Info Conso, n° 09-11882 The decision handed down by the Second Civil Chamber of the Court of Cassation on May 6, 2010 proposes an interesting (...)

Cass. 1st civil, 14 April 2010, Aluplast GmbH Kunststoffprofile v/ Schüco international, No. 09-12792 When an act of unfair competition involves two companies of different nationalities, there is a conflict of laws but also, as far as legal proceedings are concerned, a conflict of jurisdictions (...)

Cass. com, March 23, 2010, Chanel company v. Bery company, n° 09-66522, unpublished Cass. com, March 23, 2010, Chanel company v Land company, n° 09-65844, unpublished Cass. com, March 23, 2010, Chanel c/ société Marm, n° 09-66987, unpublished In three judgments handed down on 23 March 2010 in three (...)

Cass. com, March 9, 2010, Pneus Online Switzerland and Pneus Online France v. Delticom, No. 08-16752 In addition to the importance of the solutions that it provides or reaffirms, the judgment handed down by the Commercial Chamber of the Court of Cassation on March 9, 2010 must be emphasized in (...)

Criminal case, February 9, 2010, Carrefour Hypermarchés France et Interdis, n° 09-81574 The decision handed down by the Criminal Division of the Court of Cassation on 9 February 2010 proposes an interesting application of the offence of Article L. 441-7 C. Com, in its wording resulting from the (...)

Cass. com, February 2, 2010, Dan Foam company and Tempur France v/ Ena company, n° 09-11303, unpublished Cass. com, February 16, 2010, Mr. X... c/ company Pac and company Safe Tech, n° 08-20482, unpublished In two rulings handed down respectively on February 2, 2010 and February 16, 2010, the (...)

Cass. com, January 19, 2010, Céline c/ companies SSL, Infinitif, Marlène, SALM, Naf Naf boutiques, Morgan, la Gadgeterie du sentier and Groupe Vog, n° 08-15338, 08-16459 and 08-16469, unpublished A company operating different models of belts had had counterfeit seizures made, before taking action (...)

Cass. 1st civ. 5 March 2009, Société Ouest France Multimédia and Société Precom v/ Société Direct annonces, n° 07-19.734 and 07-19.735 In its ruling handed down on 5 March 2009, the First Civil Chamber of the Court of Cassation provided certain important clarifications on the evidentiary requirements (...)

Cass. com, January 27, 2009, Société Granimond v/ Société OGF, n° 08-10.991 The ruling handed down by the Commercial Chamber of the Court of Cassation on January 27, 2009 makes it possible to reconsider the conditions necessary for the imitation of a competitor’s products to be characteristic of an (...)

Cass. com, January 27, 2009, Société Cocktail c/ Société Pop’tel, n° 07-15.971 The ruling handed down by the Commercial Chamber of the Court of Cassation on January 27, 2009 is an opportunity to come back to two important elements of the theory of economic parasitism, namely the question of the (...)

Cass. com, 11 March 2008, Société pluyolaise d’articles chaussants (SPAC) v/ Société Michel Fargeot, No. 07-10.413 The ruling handed down by the Commercial Chamber of the Court of Cassation on 11 March 2008 provides some useful clarifications regarding the basis for the sanctioning of parasitic (...)

According to the French Supreme Court’s recent case law, a competitor can be condemned both on the grounds of parasitism and of infringement of intellectual property rights (counterfeiting) only if it can be proved that he is responsible for two distinct facts, one relevant for parasitism and (...)

Cass. com, May 30, 2007, Métropole télévision M6 c/ Sté LPG systems, n° 06-13.880, unpublished The Commercial Chamber of the Court of Cassation recalled the principles that should govern the determination of the amount of damages due by the perpetrator of a parasitic act in a decision handed down (...)

Cass. 1st civ., 20 March 2007, Mr X... c/ company Compagnie française d’eaux de vie et spiritueux, n° 06-11.522 and 06-11.657 In the absence of protection based on the provisions of the Intellectual Property Code, the question frequently arises as to whether it is possible to act on the basis of (...)

Cass. com, December 12, 2006, Diramode et Promotion du prêt-à-porter c/ société Jennyfer, n° 05-18.988 Cass. com, February 20, 2007, Wirquin c/ société Sanitaire accessoires services, n° 05-16.683 Cass. com, February 20, 2007, Patrelle c/ Euro Confi company, n° 05-17.004 The ruling handed down by the (...)

Cass. com, 10 May 2006, Interbrew v. Brasserie Fischer, No. 04-15.612 Cass. com, 23 May 2006, Casple and Amstutz Levin v. Muller and Campa, No. 04-16.254. Cass. com, June 20, 2006, Mr. X...and Société Céline c/ Infinitif e. a., No. 04-20.776 The rulings handed down by the Commercial Chamber of (...)

On December 2005, 19, considering the loopholes of positive law, the European Commission published a Green book on private enforcement of competition rules (Art. 81-82 EC). This document shows both curative and preventive effects of such actions. It also identifies the main barriers to their (...)

Cass. com, March 22, 2005, Compagnie du grand large c/ M. X, Auchan and Champion organisation development, n° 02-21.105 The ruling handed down by the Commercial Chamber of the Court of Cassation on March 22, 2005 provides some interesting clarifications on the relationship between trademark law (...)

Cass. com, 25 January 2005, Société Mill’Vi c/ Sociétés ALS service, Bennes Rhône-Alpes and Bennes Manjot, n° 03-11.770 The judgment of 25 January 2005 provides an opportunity to reconsider the extent of the sovereign power of the trial judges in the context of the sanctioning of parasitic acts. In (...)

Cass. com, September 28, 2004, Coopérative agricole la cave de la bastide de Levis v/ Société La Cave de Gaillac, n° 02-13.697 Cass. 1st civ., 19 October 2004, Mrs. X... and Company X... c/ DMBB Company and Fiat Company, n° 02-16.057 The judgments handed down by the Court of Cassation on 28 (...)

– Cass. com, 7 July 2004, Minister of the Economy and Union of Record Retailers and a. c/ Société Carrefour France, n° 03-11.369 The NRE Act of 15 May 2001 considerably broadened the prerogatives of the Minister of the Economy with respect to the sanctioning of practices restricting competition (...)

Cass. com, March 31, 2004, Société Cima textil SL c/ Société Pépino frères and Société Actua’tex, n° 02-11.113 Cass. com, 28 April 2004, Association Fédération sépharade mondiale et Association Fédération sépharadie de France c/ Association Fédération des associations sépharades de France, n° 02-11.484 Two (...)