On December 3rd 2010, The Copenhagen City Court pronounced its judgment in a case concerning the use of labels on smell-alike and look-alike perfumes.

The infringements consisted of the defendant labelling smell-alike and look-alike perfumes, thus making it easier for the consumer to identify the original perfumes, which the smell-alike and look-alike perfumes were imitating. The infringements had occurred on at least one open air market outside Copenhagen (August 2008), however, the defendant had sold these types of products for the past 20 years.

After a police seizure had been carried out at the open air market, several perfume right holders filed a formal criminal complaint with the local police and the defendant was charged with infringing several right holders Trademarks and breaching the Unfair Competition Act. The right holders later filed a formal damage claim, claiming DKK 392,532.00 (EUR 52,676.00) in damages.

The City Court found the infringer to be guilty and all the seized 886 perfumes which were confiscated were to remain in the custody of the police. Furthermore, the defendant was sentenced to pay damages amounting to DKK 45,000.00 (EUR 6,038.00) to the right holders and finally pay a fine of DKK 20,000.00 (EUR2,683.00).

For further information please contact Hanne Weywardt or Sandur Torne Lassen.