InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Product imitation is normally lawful


A recent (February 12 2007) judgment of Commercial Court 4 in Barcelona makes an interesting contribution to two issues: imitation and the requirements for imitation to be unlawful.

The judgment resolves in the first instance a dispute between two important groups in the business of making and/or marketing cosmetic products: L'Oréal Group and Coty or Coty-Astor Group. L'Oréal sued Coty-Astor for copying seven products:

  1. a face cream;
  2. a make-up base;
  3. a lip gloss;
  4. an eyelash mascara;
  5. a make-up base;
  6. an undereye make-up concealer; and
  7. an eyelash mascara

In addition to specific relevant product references, these products were each identified by means of the well-known trade marks L'Oréal and Astor (previously Margaret Astor).

Product imitation Under paragraph 6 of the judgment, the judge resorts to the Spanish Royal Academy dictionary to provide that "imitating is doing or endeavouring to do the same as another...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Mexico: Advantages of the new trade mark opposition system (sponsored) https://t.co/8OXWqgF8GS

Jul 28 2016 03:20 ·  reply ·  retweet ·  favourite
ManagingIP profile

The Netherlands: Protection of designs with technical features (sponsored) https://t.co/NyEv2rlm83

Jul 28 2016 11:05 ·  reply ·  retweet ·  favourite
ManagingIP profile

EPO: Late-filed arguments before the Boards of Appeal (sponsored) https://t.co/WE9FQnYa8r

Jul 28 2016 09:15 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Mid Year 2016

All eyes on ASEAN

Economic and legal reforms are driving harmonisation within and beyond the ASEAN region, with big implications for IP owners. James Nurton, Stephy Tang and Natalie Rahhal introduce a year-long series of articles



Most read articles

Supplements