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Archive for June, 2010

Life’s little surprises

Thursday, June 24th, 2010

On a totally non-legal note, I thought I would share an unexpected and yet wonderful experience with you. I turned up at my early morning outdoor bootcamp the other day feeling weary and with the intention of doing the bare minimum. Our exercises progressed from the usual warm up to the cardio bit when we had to do mini sprints and recovery runs. A fellow bootcamper, a rugby blue and barrister ( I knew I had to fit the law in somewhere!) who is seriously quick on her feet, challenged me to keep up with her. Next thing I was runnuing like the wind, hot on her heels. Another bootcamper rose to the challenge too and so I could hear her close behind me. We collapsed in a heap at the end, only to have to repeat it all  over again. This time it was harder and yet instead of racing ahead, my lovely barrister held back enough for me to just about keep up whilst urging ” Come on Jo-stick with me!” Sure enough, I managed to hang in there and keep up. We collapsed again in a heap at the end, but feeling elated. I don’t know why it made such an impression on me, but I was on a high for the rest of the day- and still am.. Maybe it is the fact that when you are in a position of leadership, if you are having a low moment, there are rarely people out there to lead you out of it. And if there are, they may well see it as their opportunity to streak ahead and leave you behind.

Well, my bootcamp morning was one of those precious moments when I was swept up and put back on the crest of a wave. I hope you all come across them too … :-)

L’Oréal wins ’smells just like …’ case

Wednesday, June 9th, 2010

For those of you in the beauty trade, you’ll be interested to learn that l’Oréal has won its four-year legal battle against companies that advertise the similarities of ’smell-alike’ imitations. What the other companies were doing was advertising their own, cheaper, imitation products as “smells just like Trésor” for example. They supplied retailers with comparison lists, which simply reproduced the brand names of l’Oréal’s perfumes, listing the corresponding names of their imitation brands beside them. Strangely, whilst l’Oréal is unable to prevent third parties from selling perfumes that smell like its own, it is able to stop them from advertising the similarities of their smell-alike products.

The imitators argued they were merely carrying out a form of lawful comparative advertising, of the type often seen in newspapers and on billboards across the country. But L’Oréal complained that such use infringed its trademark rights and that the reputations of its luxury brands were being sullied by association with cheaper copies.

Some would argue that the European Court is giving well known brands wider protection under European trademark law, even in circumstances when consumers are not confused or misled by the use of someone’s trademark.