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(1) L'OREAL SA (2) LANCOME PARFUMS ET BEAUTE & CIE (3) LABORATOIRE GARNIER & CIE v (1) BELLURE NV (2) MALAIKA INVESTMENTS LTD (T/A HONEYPOT COSMETIC & PERFUMERY SALES) (3) STARION INTERNATIONAL LTD

The decision of the European Court of Justice in L'Oreal SA v Bellure NV (C-487/07) (2010) Bus LR 303 meant that the appellants' use of comparison lists showing which of their products corresponded to which branded perfume infringed the registered trade marks for those perfumes.

1 June 2010

The court was required to determine issues of trade mark law following a decision of the European Court of Justice. The appellants (D) had three ranges of products each of which smelled like a famous, luxury branded perfume known by a well-known registered trade mark. The respondent (L) alleged that D's use of comparison lists for each of their ranges of product, showing which products corresponded to which of L's perfumes, infringed its registered trade marks for those perfumes. The evidence was that D obtained a major promotional advantage from using such lists; neither customers nor ultimate consumers were deceived as a result of the use of the lists; neither the image nor the distinctiveness of the trade mark for the comparable fine fragrance was impaired by the use of the lists; sales of the corresponding fine fragrance were not affected by the use of the lists. The issues for the court were whether, in the light of the judgment of the ECJ, the use of the registered marks on an...

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