Legal Briefing
Comparative advertising causes a stink in the Court of Appeal – much to the Judges' regret
Overview
Using a famous brand name to compare a characteristic of your otherwise legitimate copycat product (in this case, the smell) has today been held unlawful by Lord Justice Jacob, as the Court of Appeal found itself bound by the European Court of Justice's earlier ruling on trade mark and comparative advertising in the smell-alike perfume case L'Oreal v Bellure.
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