L'oreal S.A. and Others v Bellure N.V. and Others
| Jurisdiction | England & Wales |
| Judgment Date | 10 October 2007 |
| Neutral Citation | [2007] EWCA Civ 968 |
| Date | 10 October 2007 |
| Court | Court of Appeal (Civil Division) |
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13 cases
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L'Oréal SA and Others v Bellure NV (Case C-487/07)
...Malaika Investments Limited (trading as Honeypot Cosmetic & Perfumery Sales) (7) Starion International Limited Defendants/Appellants [2007] EWCA Civ 968 The Rt Hon Lord Justice Keene The Rt Hon Lord Justice Jacob and The Hon Mr Justice Blackburne Case No: A3/2006/2258 IN THE SUPREME COURT O......
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Rxworks Ltd v Hunter (Dr Paul)
...must invariably be treated as infringing, regardless of the nature of the use. As Jacob LJ observed in L 'Oreal SA v. Bellure NV [2007] EWCA Civ 968, where the Court of Appeal ordered certain questions to be referred to the ECJ, “40…. the protection afforded by Art. 5(1)(a) (same goods, sam......
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Digicel (St. Lucia) Ltd (a Company Registered Under The Laws of St. Lucia) 2) Digicel (SVG) Ltd (a Company Registered Under The Laws of St. Vincent & The Grenadines) and Others v 1) Cable & Wireless Plc 2)Cable & Wireless (West Indies) Ltd and Others
...of honest practices in the context of a trade mark infringement was considered again by the Court of Appeal in L'Oreal v Bellure [2007] EWCA Civ 968. The principal judgment was given by Jacob LJ. At [51] he said: “So the real question is, whether the use in the comparative lists is “in acco......
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City Chain Stores (S) Pte Ltd v Louis Vuitton Malletier
...to the function of the registered mark as a guarantee of origin. This linkage has been recognised by Jacob LJ in L’Oreal SA v Bellure NV [2008] ETMR 1 at [41]. It is evident that the broader Community approach will involve a determination of fact, but just like any other question of fact, i......
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2 books & journal articles
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Are Fashion Designers Better Protected in Continental Europe than in the United Kingdom? A Comparative Analysis of the Recent Case Law in France, Italy and the United Kingdom
...AG, Herman Miller,Giurisprudenza Italiana, 2007, p. 2241.190 It was recently reaffirmed by the Court of Appeal in L’Oreal v Bellure (2008) ETMR (1)1. For a discussion in historical perspective, see Bently and Sherman (2009, pp. 778–80).r2009 Blackwell Publishing LtdThe Journal of World Intel......
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Intellectual Property Law
...of confusion is not necessary. (On this, the latest English Court of Appeal decision at the time of writing is L”Oreal SA v Bellure NV[2008] ETMR 1.) Since confusion is not needed in s 55(3)(b), neither is confusion needed in s 55(3)(a). 17.64 To others, requiring proof of a confusing-type ......