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Reports of Patent, Design and Trade Mark Cases 2007 124(8-9):328-379; doi:10.1093/rpc/2007rpc14
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© Crown Copyright

[2007] R.P.C. 14

L'OREAL SA v BELLURE NV

High Court of Justice (Chancery Division)

(Lewison J.): July 18–21, 24, 26 and October 4, 20061

[2006] EWHC 2355 (Ch); [2007] R.P.C. 14

Trade mark—Infringement—Perfumes—Device marks of containers and packaging—Replica "Smell-alike" perfumes—Whether likelihood of confusion—Whether defendants' use took unfair advantage of claimants' marks—Use of ‘comparison sheets’ listing claimants' marks and defendants' equivalent—Whether use indicative of a characteristic of the defendants' goods—Whether use was "in accordance with honest practices in industrial or commercial matters"—Effect of limitations and disclaimers—Matters to be taken into account in mark for sign comparison—Whether threshold limit for similarity.

Passing off—Whether smell of perfume part of goodwill—Whether necessary to prove misrepresentation—Instruments of deception.

Key Words: Confusion • Device marks • Disclaimers • Goodwill • Infringement • Limitations • Misrepresentation • Passing off • Perfumes • Similarity • Survey evidence • Unfair advantage

1 Paragraph numbers in this judgment are as assigned by the Court.


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