´Copycat´ Perfumes Infringe Trade Marks

The UK Courts last week handed down a ground-breaking decision in a high-profile trade mark infringement case (L’Oreal v Bellure, 04 October 2006), finding that 'look-alike' perfume packaging infringed L'Oreal’s trade mark rights.

For years, 'look-alike' products including perfumes have become more common and have more closely mimicked the style of leading brands. Whilst commercial considerations have often contributed to manufacturers' reluctance to sue promoters of look-alike products such as supermarkets, there has also been some doubt as to the ability of English IP law to allow such claims to be successful. This case demonstrates that, in relation to registered trade mark rights with a reputation, the existing law is adequate to protect manufacturer’s rights against look-alike products, and may pave the way for future claims.