A French court rules that parallel resales do constitute an act of unfair competition (Puma / France Telecom, Brandalley, Vanam)

France Telecom, Brandvalley and Vanam companies have been sued in France by Puma France Company for distributing Puma brand products on a website, whereas they weren't members of the Puma distribution system. Puma France filed a claim to the Strasbourg Court of First Instance for emergency interim proceedings, in order to obtain the cessation of parallel resales constituting a manifestly illicit trouble. This decision comes within the scope of the rich jurisprudence related to gray market or parallel resales, which have significantly increased because of the Internet. Once again, it calls into question the definition of the relevant market, as well as the very nature of products that can be distributed across selective distribution systems. Facts Puma France seeks to prevent France

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Christophe Roquilly, A French court rules that parallel resales do constitute an act of unfair competition (Puma / France Telecom, Brandalley, Vanam), 8 January 2008, e-Competitions January 2008, Art. N° 19958

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