Electronic cigarette: unfair competition, what is it?

What the law says
Framing the principle of free competition , the notion of unfair competition is complex to understand . Processes fall under this violation punishable under Article 1382 of the Civil Code are multiple. In this context, it is for the judge to assess each case and make decisions that nourish abundant jurisprudence.

Any act causing confusion among customers between the products of both companies can, for example , be punished under unfair competition, as does discredit a competitor or to assign its own products qualities they without. But other cases may be cited.disposable electronic cigarette

The concept of customer is of course the heart of the problem of unfair competition. Thus, the plaintiff must demonstrate that it has often been reduced by customers to support its action. In case of injury established , the court may order the person or company involved in the payment of damages.

Unfair competition
Many cases of unfair competition were judged. The complexity of cases has sometimes led to unexpected or even contradictory with regard to the jurisprudence decisions. Regularly confronted with attempts to recover the controlled appellation "champagne" , the producers of the famous wine invokes the principle of unfair competition, sometimes even in the courts.

In October 2012, the NRJ radio for its part been ordered by the Commercial Court to pay one million euros in damages to Twitter to be presented under the reference " concerts NRJ " shows that its competitor was a partner radio Twitter . NRJ announced shortly after the sentencing that she was appealing the decision.

The decision of the court of Toulouse on the e-cigarette
In the case decided Monday in Toulouse, the Commercial Court held that the sale of electronic cigarettes off the network tobacconists was , for them , "unfair competition " and ordered a specialist dealer to stop selling them. A first in this field. Counsel for the complainant, Mr. Bertrand Desarnauts , had argued that the substitution products are considered " tobacco products " should be submitted to the State monopoly on tobacco sales . Electronic cigarettes could therefore not be sold outside the regulated system tobacconists .

The seller of e- cigarettes at issue in this case has already announced that it would appeal a decision that caused an outcry from specialized vendors, but also some professionals health .