According to the International Law Office website, “the Alicante Provincial Court (acting as the EU Trademark Court) dismissed Equivalenza Retail, SL’s appeal against the Alicante Commercial Court Number 2 judgment of 13 February 2017, in which it had been sentenced for infringing various perfume trademarks owned by Hugo Boss, Gucci and Lacoste in the context of its smell-alike business.” Lacoste and several other brands had filed suit against Equivalenza for selling and marketing “smell-alike” perfumes and making unauthorised use of their registered trademarks both in comparison lists and orally in commercial speech.
The earlier judgement had ordered Equivalenza to:
- cease and desist from marketing its perfumes using the plaintiffs’ trademarks.
- withdraw and destroy its comparison lists and any other means of advertising containing the plaintiffs’ trademarks.
- compensate the plaintiffs and publish the judgment.
You can read the details of the case here.