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Infringing perfumes

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EBay, the most-visited U.S. e-commerce site, is liable for trademark breaches due to its active involvement in the pre- sale, sale and after-sale processes on its online platform, lawyers for L’Oreal told the European Court of Justice today. EBay uses L’Oreal trademarks as sponsored links to lead users to infringing perfumes and other cosmetics, according to L’Oreal.

— From EBay Liable for Leading Users to Fakes, L'Oreal Says at Bloomberg, with thanks to Emily for the link! For more background, see here and here.

Low-cost smell-alike imitations

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The cosmetics giant L'Oreal won a four-year battle on Friday to protect the reputation of its luxury perfumes – brands such as Trésor and Miracle – against low-cost "smell-alike" imitations.

L'Oréal cannot stop third parties selling perfumes that smell like its own. Instead the company has succeeded in stopping imitators from advertising the similarities of their smell-alike products, which they sold at a fraction of the list price.

— The UK Court of Appeals has upheld a prior ruling from the European Court of Justice, but they weren't happy about it; read more at L'Oreal victory over protecting brands raises questions on free trade at the Guardian.

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