ALERTS: DISTRIBUTION - COMMERCIAL AGENT - UNFAIR COMPETITION - DISPARAGEMENT

Agency agreement: The Court of cassation considers that communication of an ongoing legal proceeding, in the absence of judgment, amounts to an inadequate “factual basis” and therefore constitutes an act of disparagement (Shaf / Plicosa France)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A manufacturer and seller of garden furniture, marketed through a commercial agent, sues for infringement of its Community designs against a competing company governed by Italian law. The latter, considering that the commercial agent had informed several of its customers of the proceedings (not least Leroy Merlin, System U, Habitat, IKEA), brought an action before the French courts on the ground of unfair competition to obtain compensation for its loss. In support of its action, it produced various letters from its customers informing it of their wish to await a final decision in the infringement litigation before resuming the marketing of its products.

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Aymeric Louvet, Agency agreement: The Court of cassation considers that communication of an ongoing legal proceeding, in the absence of judgment, amounts to an inadequate “factual basis” and therefore constitutes an act of disparagement (Shaf / Plicosa France), 9 January 2019, Concurrences N° 2-2019, Art. N° 89974, www.concurrences.com

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