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New Britney's perfume lawsuit in Isreael

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''Is it permitted to manufacture and sell perfume with a scent matching that of a luxury brand, or is that improper commercial conduct?''


''Judge Gershon Gontovnik rejected lawsuits against the Israeli company Oil De Lamor and its owners, who manufacture and sell perfume products that match well-known luxury products, while using the names of those well-known products and at a lower price. Oil De Lamor sells their products mainly at mall stands. ''


''The lawsuits were filed six years ago by 10 companies that manufacture Hugo Boss, Armani, Ralph Lauren Polo, Davidoff, Chloe, and sell perfume and grooming products – including L'Oreal and Britney Spears. The perfume companies have no patent for their chemical compound, but have registered trademarks for their brand, such as Boss, Davidoff, Armani or in the case of Lancome, the best-seller Miracle.''


Curious 100ML EDP Mujer Britney Spears – CosmeticBritney Spears Spain | Fan Page on Twitter: "¡BOMBAZO! 💥 Después de una  gran batalla legal podemos decir bien alto que Britney finalmente es dueña  de TODAS sus marcas (música,merch,perfumes) 🥳 https://t.co/BOEwSS8jGv" /


Piece of Britney


Oil De Lamor is a family business owned by Shlomit and Amir Artsi. The company manufactures and sells perfume and makeup. Some of the fragrances were developed by the company and some, as the company clearly writes on the products, "are compatible" - meaning to say similar - with the scents of familiar perfumes.

The perfumes are manufactured on an oil base, and are packaged and marked quite uniformly in a semi-transparent cylinder, with a gold-colored label bearing the name "Lamor." On perfumes with similar scents the word "compatible" is written in small letters, and below appears a slightly different version of the name of the familiar perfume. ''


The differentiation is maintained


The judge ruled that Israeli law doesn't forbid Oil De Lamor's activity, provided that proper differentiation between the products is maintained, and prevents the consumer from being misinformed and that there is similarity in fragrances.

"I was under the impression that in the present case differentiation between the products is maintained, and that the reference to the reputation of the plaintiffs and their trademarks was done in good faith, and not in an attempt to mislead the public. On the contrary, the defendant has worked hard to differentiate between the products," he wrote.
Gontovnik said that the suing companies, which didn't register a patent in Israel for their products, are trying to expand the limits of protection granted by the trademarks beyond the legislator's balancing limits. "They want to receive extra protection for their strong trademarks. We must be careful not to grant such protection, and I in fact will refrain from doing so," the judge said.
The heart of the dispute was the extent of protection Israeli law provides companies that have registered trademarks on their products. The judge noted that the companies invest considerable resources in developing and advertising their trademarks, because this promotes their reputation and is financially beneficial. But on the other hand, overprotection of trademarks can harm the rights of competitors.
According to the ruling, the Israeli legislator forbids the use of a trademark or a similar commercial mark, but referring to products with trademark protection in order to sell compatible or similar products is allowed – as long as there is no misunderstanding regarding the product.''
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