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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Good Morning, I sell scented lamp oil suitable for catalytic

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Good Morning, I sell scented lamp oil suitable for catalytic type lamps as sold by Lampe Berger, on my own website and on Amazon Uk. Lampe Berger, through their lawyers, stated to Amazon that our oil could not be sold due to intellectual copyright reasons and Amazon have withdrawn our product. When we asked for the reasons they changed from the copyright complaint and stated to me that our oil was 'extremely dangerous' when used in their lamps and should not be sold. I know that their oil is based on isopropyl alcohol with a scent added which is exactly the same as ours.
Their lawyers stated that studies had been done by Lampe Berger on 'oils of this type' which prove they are dangerous. I asked for a copy of the study and they said they would send it. Despite repeated requests for proof of the statement they sent nothing. I am absolutely sure that they have no evidence whatever to support their claims. This is nothing more than an attempt to block fair competition. The lawyers are now saying that it is up to me to disprove their claims, despite originally telling me that they would send me the details of their clients study. Are they able to make completely false claims which are now resulting in lost sales everyday without providing or having any evidence at all to back up what they are saying? Can I sue them for lost sales, unfair competition and or compensation? Can I demand that they withdraw their false statement to Amazon so that we can resume sales? What should I do next?
Any help greatly appreciated.
It seems indeed that this matter would have to be settled in a court of law. You can demand that they withdraw their statement and threaten to sue them for damages otherwise. If they feel their evidence is inexistent, or not convincing, there is a high chance they will comply. Otherwise, you will have to have an avocat summon them to court.
Customer: replied 4 years ago.

Thank you for your reply. Would I have to come to France to attend or can the Advocat attend for me? Can I also claim the costs if I win the case? Thanks.

You do not have to attend court and can be represented by your avocat. However, in some cases, it is always advised to be present to explain technical details in person. You may want to discuss it with your avocat before the case comes to trial.
If you win, you can claim your costs, or some of them at least, if you request so, and if this request is granted by the judge. If you lose, you may have to bear the costs of the other party.
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