Landmark ECJ Judgment in L’Oreal v. Bellure over trade marks and brand imitation
In a landmark ruling in Case C-487/07, L’Oreal v. Bellure, the ECJ has upheld the protection provided to brand owners in the Community’s legal order. The Judgment is a clear affirmation that if a business is benefiting from the use of a sign similar to an established trade mark, such conduct will constitute trade mark infringement unless ‘due cause’ can be established.
The defendants sought to imitate the smell of L’Oreal’s leading perfumes called Trésor, Miracle, Anaïs-Anaïs and Noa. They then packaged their perfumes in packaging which was evocative of the said brand and also used comparison lists in their businesses, which listed the leading perfume next to their smell-a-like product so that buyers could make the link between the two products.
The ECJ ruled, among other things, that “where a third party attempts, through the use of a sign similar to a mark with a reputation, to ride on the coat-tails of that mark in order to benefit from its power of attraction, its reputation and its prestige, and to exploit, without paying any financial compensation and without being required to make efforts of his own in that regard, the marketing effort expended by the proprietor of that mark in order to create and maintain the image of that mark, the advantage resulting from such use must be considered to be an advantage that has been unfairly taken of the distinctive character or the repute of that mark.”
It is also important to note that the ECJ confirmed that a trade mark is not limited to its origin function but also acts to include “guaranteeing the quality of goods or services and those of communication, investment or advertising”.
The Judgment can also be seen as limiting the circumstances in which producers of imitation products will be able to plead legitimate comparative advertising in their defence.
Related Links
- The European Court of Justice
- The Trade Marks Directive (Directive 89/104/EEC)
- Intellectual Property Lawyers in Cyprus
