Unfair practices – Use of the competitor’s image: The Cour de cassation considers the image’s use of a castle belonging to a competitor as characteristic of the unfair competition (Château Marie du Fou/Jard Chais Mareuillais)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. 1st civ. 28 June 2012, Château Marie du Fou v. Jard Chais Mareuillais, appeal no. 10-28716, not published in the bulletin. The First Civil Chamber of the Court of Cassation, in a ruling handed down on 28 June 2012, has provided certain clarifications on the regime governing the use of the image of property belonging to another person with regard to unfair competition law. In this case, a wine-producing company had marketed its bottles after having affixed to them a label bearing a representation of a château belonging to another company, a competitor and also a wine-producing company. The latter had necessarily to assign the former, seeking its