Cases

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

Held

The goods for which the infringing sign was used appealed to the public's senses in such a way that the trade mark's power of attraction was affected. There was a causative link betwen the application of the sign and the blurring of the mark. The way in which the entire Bellure range was manufactured and sold (1) 'winked at' L'Oreal's packaging; (2) deliberately sought to emulate L'Oreal's successful brands; (3) enabled Bellure to charge more for its range; and (4) benefitted from the expensive advertising and promotion carried out by L'Oreal.

Also