Unfair competition & parasitism
When a competitor copies you without clear infringement.
Not every unfair act requires a registered right. Where you have no trademark or design over the copied element, the law of unfair competition and parasitism takes over. Clients typically come to us when a competitor imitates your get-up, denigrates you, poaches your team, or takes over your concept without investing anything.
Unfair competition
Grounded in civil liability, unfair competition sanctions a fault between competitors: creating confusion with your business or products, denigrating you, or disrupting your business (mass poaching, diverting customers by illicit means). You must prove a fault, a loss and a link between the two.
Parasitism
Parasitism targets the party that places itself in your wake to profit, at no cost, from your investment, reputation or know-how — even without a likelihood of confusion and even outside direct competition. It is the tool against imitation of a concept, a campaign or a product that no registered right covers.
Concrete examples
A few situations we handle regularly. A competitor takes over the codes of your website or packaging to the point that a customer is misled. A former employee leaves with your customer file and solicits your clientele. An established player copies the concept of a young brand that opened up the market. A reseller spreads false information about the quality of your products. A company reproduces your campaign or visual identity to profit from your reputation, with no trademark to copy. In each case, the point is to characterise the fault — confusion, denigration, disorganisation or parasitism — then prove it.
Accused of an unfair act?
Sometimes the situation is reversed: a competitor or another economic actor accuses you of unfair competition or parasitism — alleged copying of its codes, poaching an employee, communication said to be misleading or denigrating. Many such accusations are exaggerated or unfounded. We assess the real risk, secure your practices (recruitment, communication, product launch) and defend you if needed.
How to act
The approach resembles an infringement dispute, but with no registered right to rely on. We first secure the proof — a commissaire de justice report, measures under article 145 of the Code of Civil Procedure — then send a cease-and-desist and, if necessary, take the matter to court to stop the conduct and obtain compensation.