Head Office
+44(0)20 8392 0193
Stuart Whitwell
+44(0)77 4703 7824
stuart.whitwell@intangiblebusiness.com
Thayne Forbes
+44(0)7979 655653
thayne.forbes@intangiblebusiness.com
Head Office
+44(0)20 8392 0193
Stuart Whitwell
+44(0)77 4703 7824
stuart.whitwell@intangiblebusiness.com
Thayne Forbes
+44(0)7979 655653
thayne.forbes@intangiblebusiness.com
Client: L'Oréal
L'Oréal brought proceedings (L’Oréal v Bellure) in the High Court of Justice, Chancery Division, against Bellure and a number of defendants essentially claiming that they had been importing, distributing and selling copies of some of its luxury perfumes, namely Trésor and Miracle by Lancôme and Anaïs Anaïs and Noa by Cacharel. The majority of the Defendants' perfumes are part of the Creation Lamis range of perfumes, and are manufactured in Dubai. These are not imitations in the sense of being counterfeits. Rather, they are "smell-alikes" marketed in packaging which L'Oréal claimed takes unfair advantage of its own product names, packaging and brand image.
The case was tried in London in 2006 before Mr Justice Lewison. Mr Henry Carr QC and Ms Jaqueline Reid (instructed by Baker & McKenzie LLP) were lawyers for the Claimants and Mr Roger Wyand QC and Mr Tom Moody-Stuart (instructed by Addleshaw Goddard) were lawyers for the defendants. Thayne Forbes of Intangible Business was expert witness on brands for L'Oréal.
The judge ruled in L'Oréal's favour.
"This is a significant judgment for brand owners and the first successful trial under section 10 (3) of the Trade Marks Act. The judge held that 'free riding' off a brand's reputation is not an acceptable practice. Infringement, even without the existence of any likelihood of confusion, is a novel concept in the UK and one that the market will have to get used to."