The French and Spanish Justice Do Not Remain Indifferent to Equivalence Perfumery

03.11.2015

 

The Spanish economical crisis has led to the emergence of new business models with a very high level of profitability, such as the equivalency perfumery. This consists in selling perfumes manufactured by a third party but using tables and lists as reference, where a correlation with well-known perfumes brands is setting. Actually, nowadays the most of the drugstores and cosmetics stores offer to the consumer those “white brand” perfumes as an alternative to the high prices of the main brands´ perfumes.

The point that may be controversial is that, according to very well-known sources of this sector, the success of these perfumes´ sale is directly related to the fact that they are referenced to renowned brands, since the consumers don’t buy perfumes just because of their fragrance, but because of the possibility to smell of a famous perfume paying a lower price.

Nevertheless, the justice has not remained impassible to this business model. Thus, the last November of 2014, the Spanish company Equivalenza, which counts with 750 stablishments operating duty free in 34 countries, producing and selling fragrances that imitate luxury brands´ perfumes, was accused of an offence against Industrial Property by the French company “Febea“, the main management in the cosmetic sector, which denounced the use of correlation tables in the perfumes´ sale as constitutive of a counterfeit modality. Afterwards, the last 30th September of this year, the French judge Claire Thepaut brought charges against Equivalenza again because of the perfumes´ sale in its franchise web using equivalence tables. In response to this charges, Equivalenza reiterated that its aim is “democratizing the perfume” and “to make available to every consumer the high quality products by a reasonable price”.

By the same token, the last 14th September of this year, the so called group Saphir, formed by Industria Aragonesa de Perfume, Caravan and Laboratorios Saphir, whose products have a very important inclusion in the selling markets, suffered a strong setback by the Community Trade Mark Court of Alicante, which ratified a sentence with reach in all the European Union, prohibiting the oral and written use of reputed trademarks. The main peculiarity of this sentence remains in making the sellers jointly liable of the equivalence perfumes´ distribution.

Written by CLAUDIA DÍEZ PULGAR

Source: Periódico El Mundo

http://www.elmundo.es/economia/2015/10/15/5616b726ca4741603a8b45ff.html

Título: Cerco a los perfumes de equivalencia

Fecha: 15/10/2015

Autor: Ana Bravo Cuiñas

Image: Allan Henderson bajo licencia Creative Commons  (https://www.flickr.com/photos/allanhenderson/28950375)

 



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