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Reports of Patent, Design and Trade Mark Cases 2008 125(3):196-242; doi:10.1093/rpc/rcn005
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© Crown Copyright

L’oreal Sa V Bellure Nv

Court of Appeal

(Keene, Jacob L.JJ and Blackburne J.): July 10–12, and October 10, 20071

[2007] EWCA Civ 968, [2008] R.P.C.9

Trade mark—Infringement—Perfumes—Device marks of containers and packaging—Replica "Smell-alike" perfumes—Some packaging held to infringe—Use of ‘comparison sheets’ listing claimants’ marks and defendants’ equivalent held to infringe—Claim in passing off dismissed—Appeal to Court of Appeal—Whether use in comparison sheets an infringement—Questions referred to European Court of Justice—Meaning of "an unfair advantage" of the reputation of a mark—Questions referred to European Court of Justice—Meaning of presenting goods as replicas—Questions referred to European Court of Justice—Similarity—Effect of limitations and disclaimers—Passing off—Whether smell of perfume part of goodwill—Instruments of deception—Whether tort of unfair competition exists


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