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BRANDS – PARASITISM

Counsel provided to a key player doing business worldwide in the homeopathy sector with a view to defending its rights over one of its medical products in Spain.

The business claimed that one of its competitors had used its packaging and launched a publicity campaign copying the basics of the brand and the color codes, texts and visuals of one of its famous medical products.

The likelihood of confusion in the consumer’s mind had therefore been induced by the Spanish competitor who sought to capture the customer base of the French laboratory.

The added value provided by our firm in this particular case resided in its knowledge of pharmaceutical brands, specialist skills in the area of infringement, unfair competition and parasitism, its expert knowledge of regulatory issues governing the advertising of medical products and its membership if the international legal network Terralex and local Spanish correspondents and its specialist knowledge of the chemicals/pharmaceuticals ecosystems and life sciences,

After long and strenuous negotiations, the parties agreed to settle the dispute out of court.

The team succeeded in the above case to prevent use and distribution of the packaging and the launching of the competitor’s advertising campaign.