L'oreal SA & Ors v Bellure NV & Ors

L'oreal SA & Ors v Bellure NV & Ors

The defendants’ use of the claimants’ word marks on comparison lists and in response to customer queries constituted trade mark infringement under section 10(1) as it was not in accordance with honest commercial practices and took unfair advantage of the marks’ reputation. The original La Valeur box and Pink Wonder bottle infringed under section 10(3) by taking unfair advantage of the distinctive character or repute of the Trésor packaging mark and Miracle bottle mark, respectively. No passing off was established as there was no actionable misrepresentation or likelihood of confusion.

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
Civil Intellectual Property / Judgment After Trial
Outcome
Partially allowed for claimants; most claims dismissed except as to specific infringements.
Legal Topics
Trade Mark Infringement, Passing Off, Unfair Competition
Intellectual Property Commercial Law Trade Mark Infringement Passing Off Unfair Competition

Case Brief

Summary, issues, holding and outcome

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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

Civil Intellectual Property / Judgment After Trial

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 are liable for passing off
  3. 3 Whether the use of comparison lists and packaging constitutes unfair advantage or detriment to the claimants’ marks

Ratio Decidendi

The defendants’ use of the claimants’ word marks on comparison lists and in response to customer queries constituted trade mark infringement under section 10(1) as it was not in accordance with honest commercial practices and took unfair advantage of the marks’ reputation. The original La Valeur box and Pink Wonder bottle infringed under section 10(3) by taking unfair advantage of the distinctive character or repute of the Trésor packaging mark and Miracle bottle mark, respectively. No passing off was established as there was no actionable misrepresentation or likelihood of confusion.

Court Disposition

Partially allowed for claimants; most claims dismissed except as to specific infringements.

Orders

  • Declaration of infringement under section 10(3) in relation to the Trésor packaging mark by the original La Valeur box.
  • Declaration of infringement under section 10(3) in relation to the Miracle bottle mark by the original Pink Wonder bottle.