Question 1

Can I warn my customers or resellers that a competitor is copying me?

Accepted Answer

Not before a court decision has found infringement. Until then, the information lacks a sufficient factual basis and amounts to wrongful disparagement.

Question 2

What is disparagement?

Accepted Answer

Casting discredit on the products or services of another business. It falls under general civil liability and can be found even where there is no direct competition.

Question 3

Does an infringement claim justify informing third parties?

Accepted Answer

No. A writ of summons only states the claimant’s position. Disclosing an action that has not led to a court decision is wrongful.

Question 4

What does the French Supreme Court ruling of 23 September 2026 change?

Accepted Answer

It applies the rule to copyright: informing third parties of a possible infringement, without a decision on the facts reported, is disparagement. Earlier judgments on other facts are not enough.

Question 5

Does a lawyer’s letter remove the risk of disparagement?

Accepted Answer

No. A letter that presents accusations as established remains disparaging, even if it states that no decision has yet been made.

Question 6

What does the author of disparagement risk?

Accepted Answer

Damages and, where appropriate, publication of the judgment. The targeted competitor often files a counterclaim in the infringement proceedings.

Question 7

What should you do if a competitor copies you?

Accepted Answer

Send a formal notice to the copier alone, gather evidence (bailiff’s purchase report, infringement seizure), then take legal action, through summary proceedings if necessary.

Question 8

Can I write to the distributor selling the disputed products?

Accepted Answer

It is not prohibited, but the risk remains: the 23 September 2026 ruling found disparagement towards the competitor’s partners. Such a letter must be drafted with great care.

Unfair competition

Can you complain publicly about being copied by a competitor?