Perfume... in Paris
Par Benjamin Martin-Tardivat le mardi 11 mars 2008, 20:24 - Jurisprudence - Lien permanent
On last February 15, Paris first instance criminal court refused to declare that it was illegal for copycat perfume sellers to use mentions such "if you like ..., you'll like ...". This decision is being strongly criticized among professionals in the perfume industry for permitting perfume comparison charts.
The French perfume industry organization (Fédération des Industries de la Parfumerie) indicates on its website that in ten years 140 French court decisions have condemned such behavior.
In this respect French law clearly states in Article L713-2 of the French IP Code that:
"The following shall be prohibited, unless authorized by the owner: (a) The reproduction, use or affixing of a mark, even with the addition of words such as: "formula, manner, system, imitation, type, method," or the use of a reproduced mark for goods or services that are identical to those designated in the registration; (b) The suppression or modification of a duly affixed mark."
The plaintifs have announced that they have appealed against this
judgment.
