Admissibility of Parasitic Competition Claims Raised for the First Time on Appeal Following Dismissal of a Trade Mark Infringement Claim

Code of Civil Procedure, Arts. 564 and 565; Civil Code, Art. 1240 – Radiomir Watch A party whose infringement claim was dismissed at first instance on the grounds of a lack of exclusive rights is entitled to raise, for the first time on appeal, a claim for unfair competition or parasitic competition, where these claims are based on the same facts. 1. According to the contested judgment (Paris, 5 June 2024), Officine Panerai, whose rights are exercised by Richemont International (Officine Panerai), markets the ‘Radiomir’ watch model, which has been offered for sale since 1938. Cartier is responsible for the distribution of ‘Radiomir’ watches in France. 2. Since 2020, Tism has been marketing the ‘Augarde’ watch model, which reproduces French design No. 20200427 registered in the same year by Mr. [O].