Kind-Hart Courtroom Refuses To Smasher Out Tresor, Miracle Claims

This jewel has appeared on the LexisNexis All England Direct subscription service: L’Oreal SA together with others five Bellure NV together with others, a Chancery Division determination of Mr Justice Hart dated 26 January.

L'Oreal, who made together with sold perfumes together with cosmetics, was the registered possessor of a number of merchandise marks relating to ii of its perfumes, ‘Trésor’ together with ‘Miracle’. L'Oreal alleged that for certain perfume products sold past times Bellure, past times the names ‘Coffret d’Or’, ‘La Valeur’ together with ‘Pink Wonder’, infringed its merchandise marks nether sections 10(2) together with (3) of the Trade Marks Act 1994.

L'Oreal also complained that Bellure were guilty of passing off inwards honour of those together with other products. Bellure applied to the court, seeking an guild strike out the allegations relating to merchandise grade infringement and/or summary judgment. Bellure argued that none of the signs relied on past times L'Oreal was similar to whatever of the registered marks at issue.

Hart J dismissed Bellure's a application. He concluded every bit follows:

* First, inwards determining issues every bit to similarity nether sections 10(2) together with (3) of the 1994 Act, it was unnecessary for a claimant to take away maintain proved that a likelihood of confusion existed inwards guild to found that at that spot was a similarity betwixt its registered marks together with the signs used past times the
defendant.

* Secondly, since L'Oreal's activity for passing off was expected to operate along to trial, the number of similarity mightiness last resolved to a greater extent than readily past times the trial judge, every bit he would take away maintain the produce goodness of the evidence adduced inwards relation to the alleged passing off.

It would last a miracle if the Bellures of this the world surrendered without a adept legal fight

would similar to read the transcript together with encounter just what Bellure was arguing. He hasn't heard of an declaration that similarity needs to last based on the postulate to found a likelihood of confusion together with wonders only what mightiness take away maintain maybe been its legal origins. Merpel says: "is it actually beingness argued that Bellure's ‘Coffret d’Or’, ‘La Valeur’ together with ‘Pink Wonder’ marks are similar to L'Oreal's ‘Trésor’ together with ‘Miracle’ marks, or has something been lost inwards the procedure of digesting the case?

STOP PRESS: since posting this blog, the IPKat has read the regime annotation on it that appeared on the Lawtel subscription service this morning. The regime annotation reads quite differently from All England's. According to Lawtel, the determination runs every bit follows:

"While the initial impression was that at that spot was a lack of whatever relevant similarity inwards the packaging of the perfumes, it did non follow that the enquiry of similarity should last considered inwards a vacuum together with last determined directly on the data earlier the court. Trade Marks Act 1994 s.10(2) required a determination of whether whatever similarity was sufficient to give ascent to a likelihood of confusion together with then where the enquiry was whether at that spot was sufficient similarity betwixt B's signs together with L's marks, it was proper to accept into trouble concern human relationship the reputation of L's marks, Sabel BV five Puma AG [1999] RPC 199 considered. Given that the activity was going to trial on the enquiry of passing off alleged inwards a pleading non at number on the minute application, it was preferable that the trial guess should last left alongside the enquiry of similarity together with confusion.

(2) L's claim that it had suffered impairment to its goodwill together with was thence entitled to a remedy did non depend on whatever chemical ingredient of deception. As the police stood, the allegation was hopeless. However every bit all questions of fact relevant to the non-existent tort would last earlier the trial guess inwards whatever event, it was appropriate for the number to last left for the trial guess to determine".

The total judgment is withal unobtainable off the internet, though it may last ordered commercially through Lawtel.

Other Tresor here and here
More Miracles here and here