Unfair competition

The scope of unfair competition has progressively widened with the increased importance of distinctive signs in recent years, as well as the development of technology, especially the internet and e-commerce.

The courts now regularly sanction on this ground disloyal practices and parasitism acts such as the creation of a risk of confusion with a competitor (imitation of the distinctive sign or packaging of a product or service), the illicit misappropriation of a third party's investments, the disorganization of a competitor's business (employee poaching, stealing customers , etc.) or the disparagement of a competitor.

Unfair competition proceedings are thus an essential part of the protection and defense of the company's activity and of its creations. It is an essential legal tool that often complements the protection of trade secrets and the defense of intellectual property rights.

JP Karsenty regularly assists its clients in the defense of their rights in these different aspects.

It also advises his clients in their day-to-day business to ensure that their practices are not likely to be sanctioned by courts on the ground of unfair competition.


Legal works in this area

Consulting – Contractual

  • Drafting of non-compete clauses to prevent employee poaching
  • Analysis of a competitor’s commercial practices to assess whether they constitute a prohibited or unfair practice
  • Strategic analysis of press releases, in order to avoid the qualification of disparagement by French jurisdiction


  • Formal notice to stop unfair competition acts
  • Action before the courts to stop comparative advertising that does not comply with the French consumer code
  • Action for unfair competition combined with an action for infringement
  • Action to stop acts of disparagement or disorganization committed by a competitor (employee poaching, misappropriation of customers, etc.)
  • Action to stop acts of parasitism by a company seeking to unduly profit from the reputation of a competitor
  • Action to stop acts creating confusion with a competitor or a product/service provided by a competitor

Track records

  • Action before the courts to obtain the appointment of a bailiff to collect evidence at the head office of a competitor suspected of unfair competition
  • Action before the courts to obtain the condemnation of a competitor that has stolen the customer database of a big retailer
  • Action for unfair competition combined with infringement proceedings following the use of characteristic elements of a product
  • Strategic analysis of press releases
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