What is “confusion” and why does it constitute unfair competition?
Is it permissible to make a very imperfect copy of a successful product, without copying the trademark or infringing a patent? Is it a matter of freedom, of commercial skill? Where is the line that should not be crossed? What are the consequences if the limits of unfair competition are crossed? Answers in an article by our firm published by the website beaboss.fr on 24 June 2022.
As in previous years, André Bricogne and Xavier Henry will be speaking at Campus Paris 2022 (training course for lawyers) on 7 July 2022 from 2:30 pm to 4:30 pm on the topic “Unbalanced clauses in commercial contracts (Article L. 442-1, I, 2° of the Commercial Code)”. This year again, Campus is digital and face-to-face at La Maison de la Chimie in Paris (75007). Registration is open.
The method of a professional attaching a bonus to a sale to a consumer in order to encourage him to make a purchase is not prohibited. However, this freedom is not total. Examination of the conditions of validity of this sales method in an article of our firm published on April 19, 2022 by the website commerce.fr.
Can the termination of a commercial contract with sufficient notice be abusive?
It is a matter of contractual freedom that a party to a commercial contract may not renew it on its expiry date or may terminate it provided that sufficient notice is given. Can a termination that is respectful of the due date or with sufficient notice be abusive? Examination of this question in an article of our firm published by the website decision-achats.fr on March 22, 2022.
In which cases can the judge control or modify the price in commercial contracts?
For a long time, once a contract has been concluded, the judge could not, at the request of one of the parties, review or modify the agreed price. This principle is no longer so absolute, even if the control or modification of the price by the judge remain exceptional. Back to this issue through an article of our firm published by the website daf-mag.fr on February 24, 2022.