Damages: they compensate the harm suffered (loss of profit, loss of customers, damage to image, investments exploited at no cost).
Cessation of the unfair acts: the victim may obtain an end to the practices complained of, where appropriate under a penalty payment.
Urgent measures: in urgent cases (a competing website going live, a disparagement campaign, poaching of staff), the interim relief judge may order provisional measures: removal of content, a ban on approaching certain customers.
Evidence is at the heart of the action. Evidentiary material should be secured without delay: time-stamped screenshots, a bailiff's report, written statements, correspondence, traffic reports.
The lawyer then assesses the strength of the case and defines the appropriate strategy: formal notice, summary proceedings or proceedings on the merits.
Infringement requires the violation of a registered intellectual property right (trademark, design). Unfair competition applies even without a registered right, as soon as a wrongful act causes damage. The two actions are often combined.
Yes. The damage may be moral, commercial or reputational, and the judge assesses it in light of all the circumstances.
It depends on the facts. Setting up a business in the same sector is in principle lawful. Action is possible in the event of misappropriation of customer files, poaching of staff or breach of a valid non-compete clause.
No. Two companies in different sectors may be involved if one benefits from the reputation or investments of the other.
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