European Court of Justice judgement victory for the owners of marks with a reputation

EUROPEAN COURT OF JUSTICE JUDGEMENT VICTORY FOR THE OWNERS OF MARKS WITH A REPUTATION

24.06.2009

European Court of Justice has handed down its long-awaited judgment in the leading trademark case L'Oréal SA v. Bellure NV et al (C-487/07). The judgment clarifies the concepts of free riding of the marks with a reputation and comparative advertising.

The judgment arises out of a dispute in the United Kingdom in which Bellure was selling similar kinds of products as L'Oréal. Bellure sought to imitate the smell and the packaging of L'Oréal's products. In addition to this, Bellure used comparison lists which listed the leading perfumes Trésor, Miracle, Anaïs-Anaïs and Noa next to their products.