22 March 2024
Paris Court of Appeal - SA Réflectiv v/ SA Leroy Merlin, SAS Alldiffusion
Leroy Merlin was represented by the CASALONGA team, composed of Arnaud Casalonga, assisted by Juliette Dionisi, attorneys-at-law at the Paris Bar.
In a judgement issued on February 21st, 2022, the Paris Commercial Court condemned Leroy Merlin and its supplier and manufacturer Alldiffusion on the basis of unfair competition after Réflectiv, which had been dereferenced by Leroy Merlin, accused them of having copied the new packaging for its adhesive window films, which included a graphic charter, color codes, an installation kit, and an instructions manual.
The Court, however, dismissed Réflectiv’s claims based on parasitism and ordered Alldiffusion, which was declared to be in court-ordered liquidation to indemnify Leroy Merlin against all liability.
Réflectiv appealed against the judgement and Leroy Merlin cross appealed.
On March 22nd, 2024, the Paris Court of Appeal rejected all Réflectiv’s claims concerning both unfair competition (judgement overturned) and parasitism (judgement upheld).
The issues were essential because Réflectiv was demanding over 200,000 euros in provisional damages, and Leroy Merlin could no longer be financially upheld contractually by its (…)