Log in

CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 5 FEBRUARY 2014
Spain: Smell-alike Perfumes by Reference to Leading Brands
It has come to the attention of this blogger the news spread during the last two days by the Spanish multinational fashion company Puig S.L. The news refer to a recent court order (not publicly available) from the Juzgado núm. 1 de Alicante de Marca y Diseño Comunitarios (sitting as CTM Court in Spain) against Equivalenza Retail S.A. to cease using famous trade marks owned by or licensed to Puig (Carolina Herrera, Nina Ricci, Paco Rabanne, etc.), and qualifying Equivalenza's conduct as unfair business practice. Puig is also entitled to damages derived from the infringing acts.

 

Equivalenza runs a successful international retail franchise business in the field of cosmetics and perfumes, selling accross its more than 500 stores smell-alike perfumes by reference to the name of leading brands which they emulate. The issue is not new in light of the Judgment of 18 June 2009 CJEU in C-487/07 L'Oreal SA v Bellure NV (noted by the IPKat here), but the view taken by the Spanish Judge could be. This blogger pretty much reminds the words from Sir Robin Jacobs critisizing the L'Oreal SA v Bellure NV CJEU Judgment in the context of comparative advertising: "I think people should be allowed to tell the truth".

Now the order of the Alicante court extents to acts of infringement committed or threatened within the territory of any of the Member States, which is of relevance as Equivalenza retail stores are spread across a number of EU Members. Puig is now assesing to file claims in other territories where the brands are protected given the international presence of Equivalenza (in particular, Mexico or Turquey).

This blogger will write further on this interesting case once the Judgment is available (of course he would be depply appreciative of any reader who perhpaps might want to share it ;)). 

Posted by: Fidel Porcuna @ 11.52
Tags: Smell-alike Perfumes,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3595
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox