*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. com, March 23, 2010, Chanel company v. Bery company, n° 09-66522, unpublished – Cass. com, March 23, 2010, Chanel company v Land company, n° 09-65844, unpublished – Cass. com, March 23, 2010, Chanel c/ société Marm, n° 09-66987, unpublished In three judgments handed down on 23 March 2010 in three cases involving the same plaintiff, the Commercial Chamber once again returned to the sensitive issue of the relationship between the theories of unfair competition and economic parasitism on the one hand, and trademark law on the other. The facts giving rise to these three decisions are identical. Three companies marketed Chanel brand cosmetics and perfumery
CASE COMMENTS: RESTRICTIVE PRACTICES - UNFAIR COMPETITION / ECONOMIC PARASITISM / COUNTERFEIT / UNAUTHORISED USE OF A TRADE MARK - DIFFERENCE OF PREJUDICE / FACTS
Selective distribution network: The Court of Cassation rules that the mere fact of reselling branded goods reserved for selective distribution outside such network may constitute a violation of both a trade mark and fair competition; however, in order to establish both violations, the plaintiff must establish different facts and prejudice (Chanel ; Marm ; Bery ; Land)
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