CASE COMMENTS : UNFAIR PRACTICES – COUNTERFEITING – UNFAIR COMPETITION
Counterfeiting – Unfair competition: The Court of Cassation rules that the action for counterfeiting or improper use of a trademark and the action for unfair competition must be supported by distinct facts (Chanel/Vill)
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Cass. com, October 4, 2011, Chanel c/ Vill, n° 10-20914
As part of the liquidation of an approved distributor, a member of the selective distribution network set up by Chanel, a certain number of cosmetics and perfumes bearing the Chanel brand were offered for sale at a public auction. These products were acquired by Vill, which itself marketed them on its premises under minimalist conditions, announcing the sale by means of small posters reproducing the Chanel
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