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Legal Briefing
"Poor consumers are the losers" - L'Oréal -v- Bellure
Practice Area: Trademarks
Sector: Leisure, hotels and food
Jurisdiction: European Union
Published: 21 May 2010
Law Firm: Ashurst
Overview
Lord Justice Jacob has forcefully criticised the European Court of Justice's (ECJ) ruling in high-profile "smell-alike" case, L'Oréal -v- Bellure. The Court of Appeal (CA) nevertheless reluctantly complied with the ECJ's ruling, confirming that Bellure's use of various well-known trade marks to advertise "smell-alike" imitation perfumes on comparison lists constitutes trade mark infringement and falls outside use permitted by Directive 84/450 (the Comparative Advertising Directive).
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