*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Unfair competition by denigration, unlawful advertising and misuse of a customer file* Facts. The company Fenêtres et portes du soleil (FPS) operates a business of windows, doors and shutters. It accused two former employees of unfair competition when they created a competing company (Label Isolation). Three grievances were put forward: firstly, the misappropriation and use of a customer file, secondly, denigration in the form of a letter sent to a supplier discrediting the former employer, and thirdly, the use of illegal advertising in the form of signs installed on the public highway in disregard of a local bylaw and of any roadway authorization. The
ALERT: UNFAIR COMMERCIAL PRACTICES – UNFAIR COMPETITION – BURDEN OF PROOF
Burden of proof: The Commercial Chamber of the French Supreme Court rules that the characterization of unfair competition does not require the repetition of acts or proof of any intentional element (Fenêtres et portes du soleil / Label isolation)
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