Parasitism: acting without a registered right
Sanctioning the misappropriation of your investment or reputation when no trademark or design is at stake: parasitism under French law.
parasitism makes it possible to sanction a party that profits, without consideration, from your investment, your reputation or your know-how — even without a trademark, without a design, and even outside direct competition. It is a remedy grounded in civil liability (article 1240 of the Civil Code).
What parasitism is
Parasitism consists, for an economic actor, in placing itself in another’s wake to profit, at no expense, from its efforts and its value. Unlike classic unfair competition, it requires neither a likelihood of confusion nor even that the parties be competitors: what is sanctioned is the undue capture of an economic value.
What must be proven
Three elements, as in civil liability: a fault — the capture of another’s value —, a loss, and a causal link. In practice, one shows the investment or reputation captured, its taking by the opponent, and the saving the opponent derives from it. Proof is built through a commissaire de justice report and, if needed, the measures of article 145 of the Code of Civil Procedure.
When to use it
Parasitism is valuable where no registered right can be relied on: taking over a concept, a campaign, a brand universe, an unpatented know-how. It also supplements an infringement action, on distinct facts.
To go further, see our Unfair competition ¶sitism page.
Source
Article 1240 of the Civil Code — Légifrance.