CASE COMMENTS: RESTRICTIVE PRACTICES - UNFAIR COMPETITION - INFRINGEMENT - APPLICABLE LAW - COMPATIBILITY DIFFERENCES OF PROTECTION OF COPYRIGHT LAW WITH THE EU

Infringement : The French Supreme Court considers that the applicable law regarding infringement is that of the State whose protection is claimed (Tod’s / La Redoute)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The ruling handed down by the Commercial Chamber of the Court of Cassation on 7 October 2014 returns to two interesting questions, namely the law applicable to the infringement action and the compatibility with European Union law of the differences in copyright protection that may exist in the respective legislations of the Member States. In this case, a company which owns intellectual property rights in a model of flip-flops marketed in France and distributed by a company managing the selective distribution network of the trade mark learned that a mail order company was offering for sale shoes, manufactured in Italy, which reproduced or imitated the

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  • University Littoral-Cote d’Opale (Dunkerque)

Quotation

Rodolphe Mesa, Infringement : The French Supreme Court considers that the applicable law regarding infringement is that of the State whose protection is claimed (Tod’s / La Redoute), 7 October 2014, Concurrences N° 1-2015, Art. N° 71329, p. 129

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