CASE COMMENTS: DISTRIBUTION - FRANCHISE - TERMINATION - NON-COMPETITION OBLIGATION - DISTINCTIVE SIGNS

Franchise: The Paris Court of Appeal rules that the franchisor can legally force the franchisee to repaint his store after the relationship is terminated (Hypromat / Aulnoy Lavage)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. When a franchisee leaves the network, the franchisor generally forces the franchisee to give up anything that may recall the know-how and distinctive signs previously exploited. The present case falls within this framework and concerns an original stipulation which has the effect of forcing the franchisee to repaint his point of sale without being able to retain the characteristic colours of the network. The facts of the case can be summarised simply: after a few conflicts, which we will not go into in detail, the manager of two companies operating vehicle cleaning centres under the "Blue Elephant" sign summons his franchisor to a brutal break-up. In

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Nicolas Éréséo, Franchise: The Paris Court of Appeal rules that the franchisor can legally force the franchisee to repaint his store after the relationship is terminated (Hypromat / Aulnoy Lavage), 1 July 2020, Concurrences N° 4-2020, Art. N° 97625, pp. 146-148

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