Fragrance companies expected to appeal on French tribunal decision
A Paris tribunal, dismissing cases against ten companies for alleged countefeiting, has made a decision seen as unfavourable to the perfumery sector. The companies were accused of using brands such as Chanel No 5, Lancôme's Trésor and Dior's Dune to assist promotion of their own products. Between 1997 and 2003 these companies made or sold their own fragrances but promoted them in such a way as to suggest their close resemblance to these leading branded products. The perfumery companies affected launched legal actions.
A Paris tribunal, dismissing cases against ten companies for alleged countefeiting, has made a decision seen as unfavourable to the perfumery sector. The companies were accused of using brands such as Chanel No 5, Lancôme's Trésor and Dior's Dune to assist promotion of their own products. Between 1997 and 2003 these companies made or sold their own fragrances but promoted them in such a way as to suggest their close resemblance to these leading branded products. The perfumery companies affected launched legal actions.
However, the tribunal cited a decision by the European Court of Justice of May 2002 in justification of its decision to dismiss the actions. The European Court ruling was that "exclusive right to a brand could not be claimed when a third party, as part of its commercial dealings, made clear that the product was of its own manufacture and was only utilising the brand with the sole aim of describing the specific characteristics of the product on offer".
No comment has been made as yet by the leading perfumery companies affected but it seems highly likely that such a contentious decision will generate an appeal.