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Produits, Consommation, Publicité

Comparative advertising: legal framework and limits

Comparative advertising, a powerful marketing tool, is strictly regulated by law to ensure fair information and fair competition.

Produits, Consommation, Publicité

Can an unfair practice form the basis of an action for unfair competition

In a judgment of 14 May 2025, the Court of Cassation questioned the possibility of bringing an action for unfair competition relating to a commercial practice, with no direct link to the consumer, whereas this practice would not substantially alter the consumer's economic behaviour.  

Produits, Consommation, Publicité

Franchise, where the limit of canvassing is located

The Court of Cassation delivered an interesting judgment on the scope of a territorial exclusivity clause stipulated in a franchise agreement, in the event of canvassing actions carried out by a franchisee on the exclusive territory of another franchisee in the same network. 

Produits, Consommation, Publicité

The use of a competitor's trademark in a paid advertisement constitutes an act of infringement.

The firm has just obtained an interesting decision in a dispute concerning the unauthorized use of a client's brand in a paid advertisement published on a search engine to divert customers to its site.  The Nancy Court of Justice has just condemned this competitor for the acts of infringement committed.  

Produits, Consommation, Publicité

Compensation for damage suffered in unfair competition through the assessment of loss of profits

In a judgment of 2 April 2025, the Paris Court of Appeal ruled on the assessment of the economic damage resulting from acts of unfair competition by taking into account the loss of income.

Produits, Consommation, Publicité

Clarification of the concept of "comparative advertising"

In a judgment of 8 May 2025, the CJEU states that a service for online comparison of products or services provided by a company that is not a "competitor" does not fall within the concept of "comparative advertising".

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