Unfair competition is a deceptive business practice characterized by an excessive use of the freedom of business and contract. It causes economic harm to other businesses or consumers by resorting to processes that are contrary to the rules and practices. Anyone who practices unfair competition is liable in tort and may be ordered to pay damages.
This practice may take several forms, in particular :
– False statements or disparagement: disclosure to the public of pejorative and malicious information about the person, the company or the products of a competitor or of a specific competing group,
– Confusion: creating in the minds of customers an assimilation or similarity between companies or their products. It may result from an imitation or resemblance of distinctive signs, products, advertising messages, etc…
– Disorganization: this is the result of processes which have the effect of damaging either the internal organization of a company or the general organization of the market.
– Economic parasitism: behavior by which an economic agent interferes in the wake of another to take advantage, without spending anything, of his efforts and expertise.
The firm acts before the competent courts to put an end to such disturbances and obtain adequate compensation for its clients.
HAROCHE AVOCATS also advises and assists its clients in cases of trademark infringement, characterized when a person reproduces or uses a trademark without the authorization of its owner.
The firm also offers its experience in matters regarding practices which restrict competition such as significant imbalance and abrupt termination of established commercial relations concepts governed by article L.442-1 of the French Commercial Code (formerly L.442-6).