In order to remove some doubts, here are some examples of unfair competition. Indeed, the agency SENEX Private Detective is often contacted by entrepreneurs to find out if the maneuvers they are subjected to are acts of unfair competition. We hope that these examples will give them a first opinion.
An exhaustive list of examples of unfair competition ?
Firstly, it is not possible to draw up an exhaustive list of acts of unfair competition. The examples would be endless because disloyal acts are infinitely diverse and constantly evolving. Indeed, as stated in the definition of unfair competition, only juriprudence can inform us on the subject and each case is specific.
Jurisprudence is constantly adapting to new business practices, new technological means and new tricks used by economic actors.
Thus, in the case of unfair competition, each case is specific and, in each case, it is necessary to analyse the facts precisely, to identify their particularities and then to approximate them to the main principles of law, of similar cases dealt with in the past, of current case law.
In short, the casuistry is very strong when it comes to unfair competition and every situation requires a concrete and meticulous assessment.
At the end of this substantive analysis may emerge the correct legal interpretation by the judges seized.
Examples of the four main types of unfair competition
Before discussing practical cases of unfair competition, let us remember that economic competition is not necessary for unfair competition to exist. Indeed, unfair acts can be committed outside any competition relationship.
Examples of unfair competition Acts of unfair competition can be of four types: confusion, denigration, disorganization and parasitism.
Examples of confusion
The concept of confusion may refer either to the enterprise or to the enterprise’s products/services.
Prior to this, it is also necessary to understand the concept of distinctive/or non-significant sign of a sign and then to imitate/reproduce it by a third party.
Examples of imitation of a distinctive sign causing a risk of confusion: resumption of part of a competitor’s name or initials in its commercial banner.
Examples of denigration
To question the personality of a competitor in order to divert his clientele and on foundations of whatever nature (religion, race, political opinions, nationality, etc.).
Criticize the competence of a competitor by lacking measure and objectivity in speech or his writings, question the honesty or probity of a competitor, discredit him, disseminate malicious information.
Examples of disorganization
There are many examples of unfair competition of this kind and we find for example the following unfair acts: repeated poaching of employees of a competitor with abnormally favourable hiring conditions, corruption of employees, incitement to strike.
Examples of parasitism
It is a desire to take ownership of a competitor’s intellectual efforts or to take advantage of its reputation, reputation, reputation or even to use its work for unjustified savings.
A few examples of parasitism: usurpation of a well-known brand or sign, imitation of third party advertising creating confusion, giving the impression of belonging to an official distribution network…