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JP Karsenty & Associés IP Newsletter, October 2025
The JP Karsenty & Associés Intellectual Property Newsletter, October 2025 written by Pierre Trusson, with assistance from Béryl Boyer, reviews the following news.
DISPARAGEMENT: Sanction of the letter of formal notice sent by the IP right holder to resellers to inform them of a "possible infringement".
In this judgment, the Cour de cassation held that information sent by a copyright holder to third parties on the existence of a "possible infringement of its own products and acts likely to fall within the scope of unfair and parasitic competition" constitutes an act of disparagement when it is not based on a prior court decision.
Therefore, the Court of Cassation sanctioned the sending of a letter of formal notice containing the indication that the marketing of the disputed products was "likely to constitute an act of copyright infringement" or that such acts of sale are "at the very least, likely to be qualified as an act of unfair and parasitic competition".
FOCUS IP goes into detail about this shutdown and the need to be particularly careful.
Read the full newsletter:
English: Newsletter, October 2025, Intellectual Property
Français: Newsletter, Octobre 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
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