CASE COMMENTS: UNFAIR PRACTICES – UNFAIR COMPETITION – JUDICIAL CONSTRAINT

Unfair competition: The Court of Cassation rules on the assignability of a judicial constraint imposed under unfair competition rules (Absolute/Dipa)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. 2nd civ. 7 July 2011, Absolute v. Dipa, No. 10-20296 Can the new operator of a magazine apply for the liquidation of a periodic penalty payment imposed on the predecessor in order to put an end to an unfair competition practice once the predecessor has assigned it to him? This is the question that was put to the judges of the Second Civil Chamber of the Court of Cassation in a decision dated July 7, 2011. In the present case, a company operating the magazine 'Cuisine créative' had criticised the Burda company for unfairly publishing a magazine entitled 'Burda cuisine

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Laurent Roberval, Unfair competition: The Court of Cassation rules on the assignability of a judicial constraint imposed under unfair competition rules (Absolute/Dipa), 7 July 2011, Concurrences N° 4-2011, Art. N° 39983, pp. 132-133

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