CASE COMMENTS : UNFAIR PRACTICES – UNFAIR COMPETITION – RESELLING PRODUCTS OFF GRID

Unfair competition: The Court of Cassation specifies the conditions under which a sale of off grid is an act of unfair competition (Chanel/Capi ; Chanel/Jarnis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, 24 May 2011, Chanel c/ Capi, n° 10-18474 Cass. com, May 24, 2011, Chanel c/ Jarnis, n° 10-20620 The rulings handed down by the Commercial Chamber of the Court of Cassation on May 24, 2011 make it possible to reconsider the complex relationship between the provisions of the Intellectual Property Code and the theories of unfair competition and economic parasitism, but also the condition of the distinct fact which allows a double conviction of the operator involved. The two decisions presented are part of this debate and contribute to clarifying this relationship. Thus, in the first case (Appeal No 10-18474), a company had purchased perfumery

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  • University Littoral-Cote d’Opale (Dunkerque)

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Rodolphe Mesa, Unfair competition: The Court of Cassation specifies the conditions under which a sale of off grid is an act of unfair competition (Chanel/Capi ; Chanel/Jarnis), 24 May 2011, Concurrences N° 3-2011, Art. N° 38070, pp. 144-145

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