The Paris Court of Appeal confirms the possibility for a fragrance manufacturer to exclude pure players and to restrict internet sales within its selective distribution network (PMC Distribution / Pacific Création)

Facts and Ruling In the present case, the dispute arose between Pacific Creation, a fragrance manufacturer and retailer and PMC Distribution (PMC), a pure player [1] which offers branded products exclusively on the Internet. In France, Pacific Creation‘s fragrances are retailed through a selective distribution network. In September - October 2006, PMC reproduced the images of fragrance bottles on its website and offered for sale, on several occasions, Pacific Creation‘s fragrances. Pacific Creation, claimed before the Paris Commercial Court that such practices implemented by a non authorized retailer amounted to unfair competition, free riding, counterfeiting and misleading advertising. On 15 February 2007, the Paris Commercial Court condemned PMC for unfair competition and free

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Eversheds Sutherland (Paris)
  • Orrick, Herrington & Sutcliffe (Paris)

Quotation

Noëlle Lenoir, Dan Roskis, Marie-Laure Combet, The Paris Court of Appeal confirms the possibility for a fragrance manufacturer to exclude pure players and to restrict internet sales within its selective distribution network (PMC Distribution / Pacific Création), 18 April 2008, e-Competitions Bulletin April 2008, Art. N° 19680

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