ECJ rules in favour of L’Oréal in trademark copycat row
The European Court of Justice (ECJ) has provided greater clarity on trademark laws over the degree to which brand owners can challenge cheaper rivals in their use of comparative advertising, following results of a judgement involving L’Oréal and Belgian perfume manufacturer Bellure.
The European Court of Justice (ECJ) has provided greater clarity on trademark laws over the degree to which brand owners can challenge cheaper rivals in their use of comparative advertising, following results of a judgement involving L’Oréal and Belgian perfume manufacturer Bellure.
The ECJ ruled in favour of L’Oréal after the French C&T group claimed Bellure had an ‘unfair advantage’ after it infringed a number of L’Oréal trademarks by distributing a list of scents that compared its fragrances to those of L’Oréal products including Lancôme’s Trésor fragrance.
Previous cases involving similar disputes has focused on confusion of origin and the dilution of a brand’s mark, however this latest ruling demonstrates that confusion of origin does not need to be shown in order for there to be an ‘unfair advantage’.
“Quite clearly the court takes the view that imitation is not the sincerest form of flattery, even when there is no confusion in the marketplace between the two product,” commented Kirsten Gilbert, an intellectual property solicitor at Marks & Clerk. “This judgement opens the door for brand owners to attack a commercial advantage enjoyed by rivals providing better guidance as to when and how this may apply.”