IP Infringement and Unfair Competition: Defending Your Rights and Your Business

Are your trademark, products, or content being copied?
Is a competitor replicating your concept or creating confusion among your customers?
Infringement and unfair competition can have a direct impact on your revenue and your reputation.
LAZULI assists companies and executives in putting an end to unlawful practices and effectively defending their interests, as well as representing them in defense against such claims.

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The name “LAZULI” refers to lapis lazuli, a semi-precious stone symbolizing value and durability.
This name reflects a vision of intellectual property: a creation is not merely an idea, but a value that is built, preserved, and defended over time.

Lazuli Law Firm’s Areas of Practice

Trademark Law

Copyright & NEIGHBOURING Rights

Copyright & AI

Influencer Law & E-reputation

Image Rights & Privacy

Infringement & Unfair Competition

Designs

Domain Names

Other Areas of Expertise

What is INTELLECTUAL PROPERTY infringement?

IP Infringement (“counterfeit”) consists of reproducing or using an intellectual property asset without authorization or beyond the scope of the authorization granted.

It may concern, in particular:

  • A trademark
  • A protected work (text, image, music, video, source code, etc.): often referred to as “plagiarism”
  • A design

Infringement presupposes the existence of a protectable right.

What is unfair competition?

Unfair competition sanctions abusive practices between companies, even in the absence of enforceable intellectual property rights.

Examples:

  • Creating confusion between the products or services of two companies
  • Imitation of a concept
  • Disparagement: excessive criticism targeting a company’s products or services
  • Parasitic practices: taking advantage of another party’s reputation and investments, even without direct competition

It is based on the demonstration of a fault, damage, and a causal link.

What is the difference between iP Infringement and unfair competition?

  • Infringement: violation of a protected right (trademark, design, work, patent, etc.).
  • Unfair competition: abusive conduct, risk of confusion, without relying on an intellectual property right.

Both actions may be combined for distinct facts, or one may be brought in the alternative to the other.

Common Examples of Unfair Competition

  • Imitation of a concept
  • Reuse of content (website, visuals, etc.)
  • Imitation of a product or service
  • Unfair exploitation of a well-established reputation
  • Misleading commercial practices

What should you do in the event of iP Infringement or unfair competition?

A prompt response is essential.

Possible actions:

  • Analysis of the situation
  • Cease-and-desist letter, negotiation, and drafting of a settlement agreement
  • Seizure of evidence (saisie-contrefaçon), a form of “civil perquisition”
  • Legal action, whether in summary proceedings or on the merits, for infringement and/or unfair competition or free-riding practices

A tailored strategy helps optimize the chances of success.

Evidence: A Key Element

In litigation matters, evidence is crucial.

Possible tools:

  • Bailiff’s report, online or on-site
  • Seizure of evidence (saisie-contrefaçon): an application to a judge to authorize a bailiff to carry out a surprise visit to the opposing party’s premises in order to collect documents and information. See this article.
  • Screenshots
  • Expert reports

What are the sanctions?

Sanctions may include:

  • Prohibition of infringing or unfair practices
  • Damages and reimbursement of legal fees
  • Destruction of products
  • Publication of the decision in the press and on the opposing party’s website
  • Court-ordered disclosure of information (on distribution channels)

Preventing Risks

To limit risks:

  • Protect your rights: register your trademark and designs, and communicate about your rights
  • Monitor competitors
  • Define clear contractual frameworks with those authorized to use your intellectual property rights
  • Act promptly in case of infringement, while defining a strategy beforehand

RESORTING TO MEDIATION

Courts increasingly encourage parties to resolve their disputes through mediation.

What is mediation?

  • Mediation may be court-ordered or voluntary, before any legal proceedings
  • Everything said during mediation is confidential, including vis-à-vis judges
  • The lawyer’s role is to assist and advise their client throughout the mediation process
  • The parties meet with a mediator and communicate directly; if successful, a mediation agreement brings the dispute to an end

EXAMPLES OF CASES HANDLED

Over the past few years, Jérémie LEROY-RINGUET has notably:

  • Obtained the dismissal of a summary trademark infringement action relating to food utensils for an American client
  • Obtained the dismissal of an unfair competition action in the video game industry (claims totaling €40 million)
  • Obtained the right to conduct a seizure of infringing goods and pursued the proceedings based on the bailiff report
  • Assisted several clients in mediation, in the frame of infringement and unfair competition actions

Support from Lazuli

The firm assists companies and executives with:

  • Situation analysis
  • Implementation of a legal strategy
  • Pre-litigation actions (cease-and-desist letters, preservation of evidence)
  • Negotiation and dispute resolution, between lawyers or through mediation. Lazuli has extensive experience in both litigation and mediation
  • Litigation (infringement, unfair competition) and enforcement of court decisions

Objective: protect your business and secure your growth.

Is your business being copied or threatened?

Contact Lazuli

FAQ – Infringement & Unfair Competition

It is the use of a protected intellectual property right without the authorization of the rights holder, or beyond the scope of the authorization granted.

It refers to abusive practices between businesses (imitation of a concept, creation of a risk of confusion, free-riding practices, disparagement of products and services).

Yes, particularly on the grounds of unfair competition, but your action could be weaker.

It is recommended to act quickly to put an end to such practices.

It is a procedure whereby you ask a judge for authorization to send a bailiff to your opponent’s premises to collect evidence of infringement (infringing products, documents). It is a form of “civil perquisition”.

Yes, if you can demonstrate damage and establish a causal link with the fault committed.

It depends on the case (from a few months to several years). A standard legal proceeding may take around 18 months to reach a first-instance judgment.

To define an effective strategy and maximize the chances of success. Legal representation by a lawyer is also mandatory in many litigation proceedings. Finally, involving a lawyer in negotiations ensures the confidentiality of exchanges.