Unfair competition action
An action seeking to put an end to unfair practices (disparagement, confusion, disorganisation, poaching) and to obtain compensation for the loss suffered.
→ Contracts · Sub-expertise
Unfair competition & free-riding are the tools for protection against a competitor's illegitimate conduct, in addition to intellectual property and contract law. We bring the appropriate actions (summary proceedings, action on the merits, interim measures) to protect know-how, investments and customer base.
→ What we cover
An action seeking to put an end to unfair practices (disparagement, confusion, disorganisation, poaching) and to obtain compensation for the loss suffered.
An action against an operator who places itself in the wake of a competitor to benefit from its investments, reputation or know-how, without taking any risk or making any effort of its own.
Summary proceedings to rapidly stop the manifestly unlawful disturbance, infringement seizure, ex parte order, temporary prohibition of practices.
Assessment of the loss (loss of customers, harm to image, moral prejudice), claim for damages, publication of the decision, prohibition under penalty payment.
Articulation with infringement actions (trademark, patent, design, copyright) where the facts fall within both IP and unfair competition.
Defence against an accusation of unfair competition or free-riding: contesting the constituent elements, demonstrating the legitimacy of the practice, argument on the loss.
→ Our approach
01
Recording the unfair practices (bailiff's report, precautionary infringement seizure), assessment of the loss, choice between amicable negotiation and legal action.
02
Notifying the competitor of a formal notice to cease the practices, possible amicable negotiation, formalisation of a settlement protocol where applicable.
03
Bringing the appropriate action (summary proceedings, action on the merits), building the evidentiary file, pleading, management of any expert appraisals.
04
Implementation of the decision (cessation, damages, publication), appeal where applicable, monitoring of the undertakings made.
→ Who we help
Action against a competitor who poached several key employees in a way organised to disorganise the company: summary proceedings to prohibit solicitation, claim for damages.
Free-riding action against a competitor reproducing the structure, the graphic design and the commercial elements of a website, without characterised infringement but with capture of investment.
Action against a competitor spreading disparaging allegations (mailings to clients, public posts): summary proceedings for cessation, claim for publication of the decision and for compensation.
Action against a former employee or a former partner diverting the company's customers through the use of confidential files or the breach of a non-solicitation clause.
→ Q&A
Any conduct contrary to fair trade practices: disparagement (pejorative allegations about a competitor), confusion (imitation creating confusion in the public's mind), disorganisation (mass poaching, capture of files), customer diversion. Sanction: damages and cessation.
Placing oneself in the wake of a competitor in order to profit from its investments, its reputation or its know-how, without taking any risk or making any effort of one's own. Even in the absence of infringement or confusion, free-riding is actionable where it establishes unjustified opportunistic conduct.
The burden of proof lies with the claimant. Main tools: bailiff's report, dated screenshots, witness statements, IT expert appraisals, product comparisons, analysis of accounts to demonstrate the loss. An infringement seizure (with prior authorisation) makes it possible to obtain evidence from the opposing party.
Summary proceedings are obtained within a few weeks to a few months for emergency measures. An action on the merits lasts 12 to 24 months at first instance, plus any appeal. A negotiated settlement may be reached within a few months.
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