Unlawful referencing of a site by means of backlinks including the name of a competitor, use of functions similar to a site, unfair reservation of domain names, use of a portion of a competitor’s general conditions – convictions for unfair or parasitic competition are increasing.
Challenges of action against unfair or parasitic competition
It is essential for the company to protect the results of its investments, its intellectual work and its know-how by reacting in the event of use of any of these by an economic operator.
Care should also be taken by competitors who, through such acts, may create a risk of harmful confusion, and this is also true for non-competitor operators who may distort the normal market and cause the company to suffer commercial disruption.
This type of dispute may give rise to action based solely on unfair or parasitical competition or, in the alternative, to action mainly for infringement of an intellectual property right (patent, trademark, industrial design), where there is a risk that the object used by a third party may not be protected by copyright.
Pre-litigation or litigation for unfair or parasitic competition
Our lawyers are specialists in litigations for unfair or parasitic competition and can assist you throughout these legal proceedings.
Prior to the legal proceedings, we can assist you in gathering evidence of acts of unfair or parasitic competition, e.g. filing bailiffs’ reports, acquisition of evidence in summary proceedings or by requesting investigative measures from the Tribunal.
We can assist you in your pre-litigation exchanges with the opposing party by drafting appropriate letters and/or formal notices.
In the absence of an amicable resolution, we can initiate litigation proceedings by instituting, according to the case, substantive or summary judgment proceedings before the civil courts, in order to claim compensation for the damage suffered. We can assist you throughout the course of these litigation proceedings, notably by drawing up conclusions, ensuring a hearing, and assisting you with the execution of the judgment handed down.
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