PARIS — L'Oréal has been cleared of trademark infringement by the French Supreme Court, the firm's lawyers announced recently.
The French beauty company's manufacturing subsidiary Sicos & Cie and its Lancôme brand had been accused by Dutch company Buttress BV and Nutrimetrics France of using the latter's trademarked brand name Nutri-Rich for a Lancôme face mask. Buttress has owned the Nutri-Rich name in France since 1981.
L'Oréal registered the name Nutri-Riche internationally in 2001 and in France marketed the mask under the Nutri-Intense brand name, according to a statement released by Linklaters, L'Oréal's law firm. Buttress argued that Sicos was affixing the Nutri-Riche trademark to its packaging and keeping products on its French premises before exporting them to countries where they could legally be sold.
In July, the Supreme Court upheld France's Court of Appeal's decision, ruling that "as the cosmetic products at issue bearing the Nutri-Riche trademark were not marketed in France, but were instead set aside for export to foreign subsidiaries of L'Oréal based in jurisdictions where the products could legally be sold, their packaging, stocking and export by Sicos could not be considered infringing."
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