Overview

The European Court of Justice (ECJ) delivered a positive decision for L’Oreal in their trademark infringement action against Bellure. The defendants had produced ‘smell-alike’ perfumes, with fragrances similar to a number of designer brands in the UK. Although similar in fragrance, the bottles and packaging were clearly not identical, although Bellure admitted that they were intended to give ‘a wink of an eye’ to L’Oreal’s products.

L’Oreal were successful in their High Court action for trademark infringement, which the defendants appealed. The Court of Appeal stayed the appeal, pending answers from the ECJ. Five questions were referred to the ECJ, focusing on Article 5(1) of the Trademark Directive (TMD) and Article 3a(1) of the Comparative Advertising Directive (CAD).

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