Having been reversed earlier today in Procter & Gamble v Reckitt Benckiser (see IPKat post here), Mr Justice Lewison must be relieved that the Court of Appeal has upheld his decision on trade mark infringement and passing off in the celebrated smell-alike perfume case of L'Oréal v Bellure (noted by the IPKat here). On a superficial appraisal, apart from one small blip at paragraph 73, the trial judge's analysis of the complex facts and law appears unblemishedRight: the IPKat's sensitive nose can even tell the difference between a frog and a toad ...
The Kats haven't had time to read the Court of Appeal decision yet and it's a long one (35 A4 pages; 168 paragraphs). Once again Lord Justice Jacob gives judgment for the Court. Comments will follow.
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