CASE COMMENT: UNFAIR COMPETITION - JUDICIAL CONSTRAINT - CESSION

Unfair competition: The Court of Cassation rules on the inability to sell a judicial constraint imposed under unfair competition rules (Absolute c/Dipa)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, March 3, 2009, Société Absolute v/ Société Dipa, n° 08-10.923 Can the new operator of a magazine apply for the liquidation of a periodic penalty payment imposed on its predecessor in order to put an end to an unfair competition practice? This is the question that was put to the judges of the Commercial Chamber of the Court of Cassation in a ruling handed down on March 3, 2009. In the present case, a company operating the magazine Cuisine créative had complained that Burda had unfairly published a magazine entitled Burda cuisine créative. It had thus obtained a penalty payment to prohibit it from continuing to publish that magazine. However, that

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Authors

  • University Littoral-Cote d’Opale (Boulogne)
  • Roberval Avocat (Lille)

Quotation

Daniel Fasquelle, Laurent Roberval, Unfair competition: The Court of Cassation rules on the inability to sell a judicial constraint imposed under unfair competition rules (Absolute c/Dipa), 3 March 2009, Concurrences N° 2-2009, Art. N° 25959, pp. 132-133

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