L’Oreal’s claim that Bellure enjoyed unfair advantage and infringed a number of its trademarks by distributing a ’smell-a-like’ list to retailers was construed as comparative advertising and in breech of trademark by The European Court of Justice. IP review online
No longer can advertisers state that the goods being advertised are imitations or replicas of trademarked goods under Article 3a(1)(h) of the EU Comparative Advertising Directive. However Daimler AG recently found that there were more comparative issues.
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