Unfair competition

Protecting and defending your company from fraudulent competitive behavior

Unfair competition punishes behavior that is contrary to normal commercial practices, which, among other things, would be aimed at diverting customers from a competitor or denigrating a company’s products.


Expertises

With a solid background in this area, our office advises and assists companies and individuals in procedures involving fraudulent competitive conduct.

Unfair competition punishes the wrongful conduct of an economic actor which creates a prejudice. Denigrating a competitor’s products, imitating its trademark or products by creating a risk of confusion in the minds of customers, or seeking to take advantage of the notoriety or investments made by a competitor constitute for example unfair competition acts.

Unfair competition action may also be carried out in conjunction with an infringement action, or alternatively when infringement appears more difficult to characterize.

Our law office assists companies and individuals in identifying conduct that may constitute an unfair competition act and initiating actions accordingly, and can also defend companies or individuals in the context of such an action.

How we can help you

Pre-litigation

Before any dispute, we help you:

  • identifying the elements that can constitute an unfair competition act (loss of customers, decrease in turnover, debauching of employees,…);
  • Gather evidence of acts of unfair competition (including bailiff’s reports).

Litigation

As part of a dispute, our office can advise you and represent you:

  • Sending cease and desist letter;
  • Civil actions on the merits or urgent procedures in order to obtain compensation for the prejudice suffered.

References

Denigration – abusive warnings

The office has defended a company that was denigrated by a competitor who issued abusive warnings.

Litigation
Fashion

The office has assisted a fashion company in the scope of an unfair competition action.

Litigation – denigration
Fashion industry – jewelry

Our office represents several companies specialized in the jewellery sector as part of a smear campaign against them.