Tuesday 12 November 2013

Prada v Perfume Fragrance Inc; Smells Like Another Perfume Knock-Off Case

Smells like perfume litigation is in the air again, according to the telegraph, the Italian fashion house Prada is bringing a legal claim against, Preferred Fragrance Inc - a company that specialises in making affordable designer knock-off scents, which emulate or resemble the fragrances of famous top-end perfumes.

Prada claims Preferred has violated its Prada Candy copyright when the company came out with Party Candy perfume, and they also state that the fragrance is a knock off of its trademark. Prada Candy retails for $82,  and the Party Candy fragrance at a much cheaper price of $3.99.

The Goss-IP girl has done some research and the name of the Prada candy perfume is trademarked, so the packaging may be protected trade dress, the text on the box may be copyrighted,  on face value the Goss-IP girl notes that there are clear similarities between the packaging of the two boxes, there are slight differences, but these are nominal and given the similarity of the trade dress between the two fragrances, it will be interesting to see what the courts make of this.

License to s[m]ell?
Different countries have different laws relating to protection of perfumes, however, generally, it is not illegal to create or distribute smell-alikes. In terms of copyright, the chemical composition of perfumes are not treated as a tangible form of expression to claim copyright protection. Instead, disputes between the perfume brands and copycats are resolved by assessing circumstances for trademark infringement, trade dress or unfair competition.

Looking at the two fragrances below the Goss-IP girl wonders: if you think Prada does have a case?








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