Courts rule against L'Oreal on copy fragrance

By Simon Pitman

- Last updated on GMT

Related tags: L'oréal, Appeal

The London Court of Appeal has ruled against L'Oreal over its claim
that Dubai-based Scion International has been making illegal copies
of its perfumes.

The latest stage in L'Oreal's battle against companies making cheaper imitations of its extensive fragrance portfolio comes after the British High Courts also ruled against the company last year over Scion's Creation Lanis range. Scion provocatively markets the fragrance on the grounds that the only difference the consumer will notice with the more expensive fragrance marketed by L'Oreal is the price. During the appeal L'Oreal underlined the fact that Scion uses L'Oreal's trademark for comparison lists that demonstrate the specific brand name that their Creation Lanis fragrance is likened to. However, the presiding Court of Appeal judges in the latest hearing ruled that 'the public are not stupid', and that they would be able to determine a cheap replica product for exactly what it is. The ruling stated: 'Nor is it suggested that anyone thinks a replica is anything other than a cheap imitation of the original or is likely to be of the same quality as the original, even though it may smell somewhat the same.' Although Scion International and other companies that follow the same marketing principles might view the ruling as a victory and a green light to proceed with further copycat fragrances, L'Oreal says it is determined to continue to fight against the practice. L'Oreal stated that in due course it will take the case the European courts, where the argument will be made that the marketing of the Creation Lanis range breaks trademark laws by comparing its price to that of a L'Oreal fragrance. Indeed, the one point where the Appeal Court judges did show sympathy towards L'Oreal was the question over whether or not Scion International was lawful in its price comparison tactic. It is this crucial point that L'Oreal is expected to base its argument on when the case goes to the European Courts.

Related topics: Market Trends, Fragrance

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