This book provides a wide-ranging review of the European rules relating to distribution: exclusive purchase and exclusive supply, exclusive and selective distribution, motor vehicle distribution, franchises, commercial agents.

French Distribution Law

It is not uncommon for a dealer granted the distribution of the licensor's products on a given territory to entrust the sale of those products to a number of commercial agents.
Those agents are hired to operate in the name of the network creator within the dealer's exclusive territory, usually for a fixed period. Where the contract is terminated in advance or is not renewed at its term, the agent  …

Unfair competition.

A commercial agent who persists in using the licensor's brands without authorization is guilty of infringement  and causes a manifestly illegal disturbance .

The proprietor of the brand, whether the principal or not, should as a priority file proceedings for infringement against the commercial agent who continues to use his trade mark since an action for unfair competition may only be brought by a victim who has no recourse to other remedies.

TGI Grenoble, 7 July 1986, LawLex200200005696JBJ: the use of protected brands by a former commercial agent is infringement; CA Montpellier, 7 May 1998, LawLex200200005125JBJ; TGI Vienne, 3 July 2001, LawLex200200000623JBJ.

TGI Grenoble, 30 June 1993, LawLex200200006015JBJ.

Infringement.

It is not uncommon for a dealer granted the distribution of the licensor's products on a given territory to entrust the sale of those products to a number of commercial agents.

Those agents are hired to operate in the name of the network creator within the dealer's exclusive territory, usually for a fixed period. Where the contract is terminated in advance or is not renewed at its term, the agent must refrain from using the brand under conditions that might generate confusion in the public's mind as to his actual status .

Agents do not always comply with that prohibition and sometimes continue to use the brand and the distinctive signs of their former principal after the termination of the contract. Often, the use of the brand is not penalized per se but by reason of the risk of confusion it is likely to create in favor of the former agent or the resulting misuse of another person's reputation. Thus, the agent who, after the end of his contract, uses advertising materials and work clothes of the network to which he no longer belongs, commits an act of unfair competition . Likewise, by still presenting himself as a specialist of the brand, the former agent commits parasitism by taking advantage for no consideration of the reputation of the brand .

TGI Vienne, 23 July 2001, LawLex200200000623JBJ: the motor vehicle agent whose contract has been terminated is required to stop using the licensor's distinctive signs.

CA Paris, 19 February 1998, LawLex200200001177JBJ.

Cass. com., 29 June 1993, LawLex200200001632JBJ, confirming CA Orléans, 16 January 1991, LawLex200200001836JBJ.

French Distribution Law

525. Unfair competition.

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

525. Unfair competition.

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise