smell a like perfumes and the law??

[davsteer]

Hello, we sell smell a like perfumes on markets and have done for several years, they are not fakes or copies - they are made to smell similar to branded perfumes for a fraction of the cost, have different names, bottles and boxes.

To advertise which smells like which, we have always placed a sign on 1 of each type with for eg.

Try if you like
JEAN PAUL GAULTIER

This has always been fine until on Monday I was told by Trading Standards that this was not legal and we could not mention the branded perfume in any way in writing on the stand, but could tell people verbally.... this sounds very odd and I wondered if I could get any help regarding this and if there are any phrases that would be ok - maybe "I think this smells similar to JEAN PAUL GAULTIER"

There are several traders selling this nationwide and some have problems and some have been cleared by trading standards for it to be ok - could anyone advise please??

Thanks
David

[des8]

Re: smell a like perfumes and the law??

HI and welcome
This is called "Comparative advertising" and of itself comparative advertising is not illegal.
The European directive 2006/114/EC O was implemented by "The Business Protection from Misleading Marketing Regulations 2008" which can be found here: http://www.legislation.gov.uk/uksi/2.../contents/made.

I cannot see where you would be breaking the law, so I suggest you read it.
If you think likewise, keep a copy on you and if approached by TS again ask them to indicate what part of the regulations you are breaching.

[R0b]

Re: smell a like perfumes and the law??

Hmm whilst [MENTION=39710]des8[/MENTION] is right that comparative advertising is not unlawful, there are however certain things which you must comply with. Not sure what trading standards are on about whether advertising on a piece of card or verbally but there has already been case law on smell a like perfumes. The biggest one was Loreal v Bellure in which the ECJ stated that they were taking an unfair advantage under trade mark law.

Essentially, the ECJ held that a trader could take an unfair advantage in marketing goods or services without giving rise to any confusion or causing detriment to the trademark or its proprietor.

For a good summary of the case, have a read here http://www.twobirds.com/en/news/arti...oral-v-bellure

So, although the facts of Loreal are not exactly the same, they are very similar and you could land yourself in hot water if the brands do discover what you are doing, at least that is what I think Trading Standards are trying to tell you about saying it verbally than putting a sign next to it with reference to a branded perfume.