Just last year, Gucci – along with a number of other well-known luxury perfume makers – scored a similar victory after using the same technique against Spanish company Equivalenza. The ironically named outfit, which was peddling rip-off scents, was found guilty on all three counts; illegal copying of original perfume, unfair competition and business reputation abuse.
— Read more in Perfume makers are fighting back against an illegal fake scent boom at Wired.
Interesting article. It is not clear when the prestige brand has a claim. Obviously, if someone places a top note in a similar colored box with the same name, that is a forgery and a trademark violation. What is less clear is whether a company that sells a product which is labelled “like {famous perfume]” or “Our version of {famous perfume} has a claim, since the consumer knows he/she is not buying the actual product.
Another issue is that a hit fragrance will inspire hundreds of other brand versions with minor tweaks. Alien, for instance, had so many followers that it mtilight as well as be a fragrance family. (Indeed, Chypre, Fougere actually started out as actual specific fragrances). Remember the first rose out? I don’t but someone here undoubtedly can identify it. Now, every brand has at least one rose oud line. MFK and Lancome have mini-lines of them.
Still further complicating the issue is that many of the notes are developed and manufactured by companies that deal with many brands.
My read of the articles is that riffs on other fragrances appear to be legally just fine. Machine copies, not fine, even if it’s clear it’s not the original.
So can I sue them when I buy a perfume they’ve secretly reformulated and now smells nothing like I expected? Asking for a friend.
LOL – this!!!
Seriously.
Hunting for my “thumbs up” emoji!
Brands of luxury clothing and bags already produce their own knock-offs (lower quality budget versions of their full-priced products) for ‘factory shops’ so I’m wondering when cosmetic/perfume brands will start doing the same.