26 November 2018

Action for unfair competition: Action concurrent with IP infringement action
Even if a court of appeal has dismissed passing off for each model taken separately, it may find the existence, as a series, of a range effect resulting from the combination of specific – even everyday – products and hold that the repeated copying of those products is unlawful.
Court of Cassation, commercial chamber, 14 November 2018, LawLex201800001743JBJ

Sudden termination of established commercial relationship: Established nature of relationship
An established relationship can begin from the first orders placed between trading partners if they are of a regular nature, regardless of the amounts involved.
CA Paris, 14 November 2018, LawLex201800001748JBJ

Sudden termination of established commercial relationship: Absence of justification
The immediate termination of an established relationship is not sudden where it is justified by the unfair and inappropriate behavior of a person expressly subject to the intuitu personae clause in the contract.
CA Paris, 14 November 2018, LawLex201800001737JBJ

Sudden termination of established commercial relationship: Absence of justification
Facts that have come to light after the termination cannot be relied upon to support the serious breach allegedly committed by the service provider.
CA Paris, 14 November 2018, LawLex201800001728JBJ

Sudden termination of established commercial relationship: Length of notice period
A reference in an email to a two-year trial period cannot construed as the granting by the service provider of a notice period that duration.
CA Paris, 14 November 2018, LawLex201800001748JBJ

Actions available for abuse of dependence: Jurisdiction of specialized courts
The Bordeaux Court of Appeal must declare inadmissible of its own motion the appeal before it against a ruling of the Bordeaux Commercial Court on the basis of Article L. 442-6 of the Commercial Code, in its capacity as a specialized court.
Court of Cassation, commercial chamber, 14 November 2018, LawLex201800001730JBJ