Intellectual Property – The Point Is (Not) To Compare Like With Like

The decision of the European Court of Justice ("ECJ") in the case of L’Oréal v Bellure (Case C-487/07, 18 June 2009) was widely reported. It held that referencing of well-known registered trade marks for perfumes in the promotion of ‘smell-alike’ products – cheap imitations of the famous brands – infringes the trade mark.

Further, the ECJ held that any unauthorized use of a registered trade mark in comparative advertising is unlawful if the advertiser presents its product (expressly or by implication) as an ‘imitation or replica’ of that brand. The decision and some of the language employed by the Court signaled a shift in European trade mark law towards increased protection for trade marks emphasizing the investment and advertising value of marks in addition to their fundamental legal function as indications of origin.

Ron Moscona

Read the full article here. http://www.dorsey.com/eu_ip_lorealvbellure_052410/

***

Dorsey & Whitney – An International business law firm, applying a business perspective to clients’ needs in Missoula, Montana and beyond. http://www.matr.net/click.php?id=&url=http%3A%2F%2Fwww.dorsey.com%2Flocations%2FOffice.aspx%3Foffice%3D22