CASE COMMENTS: UNFAIR PRACTICES – RELATIONSHIP BETWEEN UNFAIR COMPETITION AND INFRINGEMENT – ECONOMIC PARASITISM

Relationship between unfair competition and infringement: The Court of Cassation returns to the question of the relationship between unfair competition and counterfeiting and it also specifies the conditions of action in parasitism (X et Design Sportswears, Luna et Caractère)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, September 6, 2011, Mrs. X... and Design Sportswears c/ Luna et Caractère, n° 10-18299 Certain questions of law regularly recur in court cases relating to unfair competition and economic parasitism, including the relationship between the civil liability action and the action arising from texts relating to counterfeiting, the imitation or adoption of characteristics of a competitor's products, or the conditions for convicting a trader on the basis of economic parasitism. The ruling handed down by the Commercial Chamber of the Court of Cassation on September 6, 2011 makes it possible to come back to these various points, but also to provide or

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  • University Littoral-Côte d’Opale

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Rodolphe Mesa, Relationship between unfair competition and infringement: The Court of Cassation returns to the question of the relationship between unfair competition and counterfeiting and it also specifies the conditions of action in parasitism (X et Design Sportswears, Luna et Caractère), 6 September 2011, Concurrences N° 4-2011, Art. N° 39974, pp. 126-129

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