cosmetic trademarks

Coexistence, Community Trademark, conceptual difference, cosmetic trademarks, Distinctive Character, Distinctiveness, EU trade mark law, EUTM, General Court, Likelihood of confusion, Similarity of marks, Trademark

(Lubberger Lehment) and (Lubberger Lehment )/ /Leave a comment

The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied for registration of the following sign as an EU trademark for cosmetic products (class 3), cosmetic utensils (class 21), corresponding retail services (class 35) and beauty…

cosmetic trademarks, Distinctiveness, Exhaustion of rights, Grey online sales, India, Infringement, INTA

, (Khaitan & Co.)/ /1 Comment

The Delhi High Court recently in the case of Coty Germany GmBH v. Xeryus Retail Private Limited (CS(COMM) 1298/2018 & I.A. 8603/2023) permanently restrained two websites, namely  perfumery.co.in and unboxed.in, from selling perfume tester bottles bearing the “Calvin Klein” or “cK” trademarks and imposed INR 1,00,000 (approx. USD 1,200) to be paid to Coty Germany GmBH…

Case law, cosmetic trademarks, Germany, Infringement, Infringement action, National law, Trademark

(b/cl IP)/ /Leave a comment

  In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark infringement (decision of 26 January in Case 327 O 130/22). The claimants were exclusive licensees of several well-known trademarks for perfume for the territory of…

Case law, cosmetic trademarks, Distinctive Character, Italy, National law, Preliminary ruling, Trademark

(De Simone & Partners S.P.A.)/ /Leave a comment

Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright protection of the concept store of Kiko, the Italian make-up brand, and blocked competitor Wycon from using similar store decor in its shops. (Court of Appeal decision no. 1543/18, Kiko-Wycon, March 26, 2018). Kiko’s…

Case law, cosmetic trademarks, Exhaustion of rights, Germany, Grey online sales, Infringement, Infringement action, Reputation, Trademark

(b/cl IP)/ /Leave a comment

In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the offer of the luxury cosmetic products at the discounter stores as well as at the discounter’s online-shop would be detrimental for the image…

Case law, CJEU, cosmetic trademarks

(Lubberger Lehment )/ /Leave a comment

On 6th December 2017, the ECJ issued its judgement in the matter Coty / Akzente. The judgement is essentially about three questions: 1)         Does the luxurious nature of products or trademarks justify a selective distribution system or did the Pierre Fabre judgement of 2011 put an end to that justification? 2)         Does a selective distribution…

conceptual difference, Confusion, cosmetic trademarks, descriptive elements, pharmaceutical trademarks, Weak elements in trademarks

, (BomhardIP)/ /Leave a comment

Three recent General Court judgments concerning oppositions between trademark in the pharmaceutical and cosmetic fields have caught our attention. In all three cases, the marks were found similar essentially on account of common rather descriptive elements. MUNDIPHARMA/MULTIPHARMA – T-144/16 of 7 November 2017: the EUTM application MULTIPHARMA in classes 5, 35, 42 was refused based…