CUSTOMER DIVERSION AND UNFAIR COMPETITION

The diversion of customers is unfair and wrongful behavior cannot be excluded by claiming that the competitor could not appropriate this customer base ( Cass.com. 6 May 2003 )

Customer diversion can result from the creation of confusion. The creation of confusion, for example by the use of a disambiguation, constitutes an act of unfair competition ( Cass. Com February 12, 2002 ). The use of a common root in the name of the products, the identity of the composition of the products and the identity of their properties characterize the risk of confusion which is the basis of unfair competition ( Cass. Com. April 18, 2000 ).  The creation of multiple resemblances with a competitor’s mark being likely to cause confusion in the mind of a consumer of average attention who does not have the two marks in front of him constitutes an unlawful imitation.)