L'oreal SA & Ors v Bellure NV & Ors [2006] EWHC 2355 (Ch) (04 October 2006)

L'oreal SA & Ors v Bellure NV & Ors [2006] EWHC 2355 (Ch) (04 October 2006)

The court found that the defendants' use of the claimants' marks on comparison lists constituted infringement under section 10(1) but was protected by the honest commercial practices defence. The packaging and names of the defendants' products were not sufficiently similar to the claimants' registered marks to constitute infringement under section 10(2), as there was no likelihood of confusion. Under section 10(3), the court held that while the claimants' marks had a reputation, the defendants' use did not take unfair advantage of or cause detriment to the distinctive character or repute of the marks. The passing off claim failed as there was no misrepresentation or likelihood of...

Citation
[2006] EWHC 2355 (Ch)
Parties
Claimant: L'OREAL S. A; Claimant: LANCOME PARFUMS ET BEAUTE & CIE; Claimant: LABORATOIRE GARNIER & CIE; Defendant: BELLURE NV; Defendant: NORTH WEST COSMETICS LIMITED; Defendant: HMC COSMETICS LIMITED; Defendant: MALAIKA INVESTMENTS LIMITED; Defendant: SHURE ENTERPRISES LIMITED; Defendant: SAVEONMAKEUP. CO. UK; Defendant: STARION INTERNATIONAL LIMITED
Jurisdiction
England and Wales
Judgment Date
04 October 2006
Procedural Posture
Intellectual Property (trade Mark Infringement and Passing Off) / High Court Chancery Division Judgment
Outcome
Claims dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Comparative Advertising, Unfair Advantage, Likelihood of Confusion
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Comparative Advertising Unfair Advantage Likelihood of Confusion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

L'OREAL S. A

Claimant

LANCOME PARFUMS ET BEAUTE & CIE

Claimant

LABORATOIRE GARNIER & CIE

Claimant

BELLURE NV

Defendant

NORTH WEST COSMETICS LIMITED

Defendant

HMC COSMETICS LIMITED

Defendant

MALAIKA INVESTMENTS LIMITED

Defendant

SHURE ENTERPRISES LIMITED

Defendant

SAVEONMAKEUP. CO. UK

Defendant

STARION INTERNATIONAL LIMITED

Defendant

Procedural Posture

Intellectual Property (trade Mark Infringement and Passing Off) / High Court Chancery Division Judgment

Legal Issues

  1. 1 Whether the defendants infringed the claimants' registered trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994
  2. 2 Whether the defendants' use of comparison lists and packaging constituted passing off
  3. 3 Whether the use of the claimants' marks was in accordance with honest commercial practices

Ratio Decidendi

The court found that the defendants' use of the claimants' marks on comparison lists constituted infringement under section 10(1) but was protected by the honest commercial practices defence. The packaging and names of the defendants' products were not sufficiently similar to the claimants' registered marks to constitute infringement under section 10(2), as there was no likelihood of confusion. Under section 10(3), the court held that while the claimants' marks had a reputation, the defendants' use did not take unfair advantage of or cause detriment to the distinctive character or repute of the marks. The passing off claim failed as there was no misrepresentation or likelihood of...

Court Disposition

Claims dismissed

Orders

  • No injunction granted against the defendants
  • No damages awarded to the claimants