ECJ rules on trademark law
Thursday 10 May 2012
There is no question of taking unfair advantage of the renown of Botox, the star product of cosmetic surgery from which the American laboratory Allergan has made a fortune. Thus ruled the EU Court of Justice, on 10 May, in Case C-100/11 P, upholding an earlier judgement by the General Court. In 2003, the OHIM, the Community trademarks office, registered at the request of Helena Rubinstein SNC the word mark Botolist, and at the request of L’Oréal SA the word mark Botocyl, both for cosmetic products. Allergan brought a legal action and won its case. The OHIM argued that the marks would not be confused with the Botox marks, but that their use would take unfair advantage of the reputation of these earlier marks. The appeals by Helena Rubinstein and L’Oréal SA have thus been rejected and the annulment of the marks Botolist and Botocyl is confirmed.