Unfair Competition

The notion of unfair competition is sometimes overused, but it is important to remember that it is distinct from counterfeiting. Case law defines unfair competition as any act which "tends to harm the industry of others" by means contrary to good commercial practice.

These acts are reprehensible because they are unfair, and any individual or legal entity can obtain compensation for the damage suffered on the basis of civil liability law.

This is based on the triptych: fault, damage and the causal link between the fault and the damage. It is essential to prove these three notions in succession. The role of your private detective is primarily to gather evidence of your adversary's fault.

In terms of fault, case law has grouped unfair acts into four main categories: confusion, denigration, disorganization and parasitism.

Action for unfair competition

An action for unfair competition begins with the gathering of the evidence necessary for the success of the action. Once this evidence has been gathered, it's time for the actual legal action, with the taking of any precautionary measures that may be necessary, and then the referral of the case to the judge.