Lifesciences Snapshot: Winter 2007/08

Extract

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Lifesciences Snapshot: Winter 2007/08

INTELLECTUAL PROPERTY

L'Oreal SA and Others -v- Bellure NV [2007] EWCA Civ 936

The Court of Appeal considered the use of a competitor's trade marks on comparative price lists and the use of similar marks in packaging in relation to whether such use would interfere with the essential function where the marks were used to designate the characteristics (in this case smell) of the competitor's goods. In commenting on the issues, Jacob LJ gave a clear indication that he considers European trade mark law should resist becoming overprotective as "neither the image nor the essential function of the trade marks for the originals is adversely affected by the lists". The Court of Appeal also took the opportunity to roundly reject any notion of extending the law of passing off to include broader concepts of unfair competition.

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Rhone-Poulenc Rorer International Holdings ...

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