Gillette Company v LA-Laboratories

This European Court of Justice (ECJ) decision has made it more difficult for trade mark owners to prevent third parties from referring to their trade marks if such endorsement is ‘honest’.

Gillette had sought an injunction in Finland to stop LA-Laboratories from selling its rival 'Parason Flexor' razor brand with a label saying "All Parason Flexor and all Gillette Sensor handles are compatible with this blade". Gillette argued that this constituted an infringement of the registered trade marks GILLETTE and SENSOR. The case was referred to the ECJ by the Supreme Court of Finland, which sought clarification on the interpretation of Article 6(1)(c) of the Trade Marks Directive (Directive 89/104/EEC), which states that a third party may refer to another’s trade mark if it is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts.