Unfair competition lawyers
As lawyers specialising in unfair competition under French law, we assist you with all matters involving the copying of your products, names and services or the misappropriation of your strategic and confidential information, whether or not these activities also infringe your intellectual property rights.
A competitor has copied your website’s content or layout
A competitor is reproducing your website’s content or layout. You may be able to bring a claim for unfair competition or parasitic conduct, a concept under French law covering the unfair exploitation of another business’s efforts and investments.
You may also consider copyright infringement proceedings if the copied content qualifies for copyright protection. Before taking action, you should preserve evidence of the copying, particularly through screenshots or, preferably, an official report drawn up by a judicial officer.
Legal support when a third party copies your products
A third party is selling exact copies of your products. We work with you to determine whether intellectual property rights, such as unregistered design rights or copyright, can be invoked, or whether a claim based solely on unfair competition may be brought.
It is essential to establish first whether your products benefit from specific protection. If they do, we can bring infringement proceedings to enforce your rights.
Where no intellectual property rights apply, we assess the possibility of bringing an unfair competition claim to stop these practices and obtain compensation. Freedom to trade does not permit every business practice: conduct that creates a likelihood of confusion or unfairly exploits another business’s investments may be sanctioned by the courts.
Legal support when a competitor uses your name
A competitor registers an identical or similar domain name
A third party has fraudulently registered a domain name incorporating your name. As unfair competition and intellectual property lawyers, we can take action against them through court proceedings or the relevant domain name registrar to seek the transfer of the domain name to you.
A third party copies your trading name or company name
A third party is using a trading name or company name that closely resembles yours, even though you have not registered your name as a trade mark.
These business identifiers benefit from protection. If the third party operates in the same sector and there is a likelihood of confusion, it may be possible to take action to require them to change their name. Even without a registered trade mark, you may therefore have grounds to defend your name.
A third party misappropriates your know-how or exploits your investments
You believe that someone has misappropriated information you kept confidential without registering it, such as know-how. For example, a former employee may have left with company files and subsequently set up a competing business.
A lawyer specialising in unfair competition can help you determine whether trade secret protection applies and identify the most appropriate steps to safeguard your rights.
Similarly, a third party may seek to follow in your footsteps to benefit from your investments at little cost. This could involve a competitor systematically publishing content on the same topics as you on social media or their website, or launching similar products immediately after yours, deliberately taking advantage of your work.
We can assist you in taking action against that competitor, both before proceedings are issued and in court.
A competitor uses comparative advertising that you consider unfair
You have noticed that a competitor is comparing your respective products in advertising, with the comparison consistently portraying your products unfavourably.
Although comparative advertising is not necessarily unlawful, it is permitted only under specific conditions. As unfair competition lawyers, we help you assess whether these practices are lawful and take appropriate action.
We can assist you with all these issues and more under French law. You may already find answers to your questions below. If not, please contact us.