Cases

L'Oreal S.A. v Bellure N.V. and others

Comment

The mere fact that one product has a free ride on another will not necessarily found liability for trade mark infringement. If the marks and the allegedly infringing signs do not have the necessary degree of similarity, that kind of free riding is legally permissable. However, here, part of the reward for the costs of promoting, maintaining and enhancing the L'Oreal trade marks had been received by Bellure. That amounted to "unfair advantage". Deliberate free riding cannot amount to "due cause".

Areas of work

Intellectual Property
Trade Marks

Also