In response to a series of specific questions referred from a U.K. court, the ECJ concluded that "to ride on the coat-tails" of a trademark with a reputation or to present a fragrance as an imitation of another with a well-known trademark constitutes an "unfair advantage." The case will now go back to the U.K. for a final decision.
Unlike in the U.S., where the "Designer Imposters" line remains a drugstore staple two decades after an unsuccessful legal challenge, it seems that those who would pluck fragrant European trademarks had better watch for legal thorns.
Via Le petit Musee des Marques (on Twitter).
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