ARCADE OWNERSHIP TO SHIFT: DLJ Merchant Banking Partners, the parent company of cosmetics sampling supplier Arcade Marketing Inc., has taken on a new partner in a deal that will involve corporate restructuring but have little impact on Arcade operations. William J. Fox will remain as chairman and chief executive officer of the marketing and sampling systems provider, which is perhaps best known for its ScentStrip technology. Since 1997, the DLJ banking operation, a unit of Credit Suisse First Boston, has owned Arcade. In a venture between DLJ and another private equity firm, called Kohlberg Kravis Roberts & Co., that was announced Wednesday, each firm plans to take a 45 percent stake in a new company that will be named upon the transaction’s completion this fall. Along with Arcade, the yet-to-be-named firm will include Von Hoffman, a textbook publisher, and printing company Jostens, which are both owned by DLJ. The remaining 10 percent of the new firm’s shares will be held by its management, as well as by a group of existing minority investors in Jostens.

RULING ON A SCENT: In a landmark decision, a Dutch court has ruled that copyright protection can be applied to fragrance composition.

An appeal court in The Netherlands decreed that Kecofa, a Dutch manufacturer of fragrances, may no longer market its Female Treasure scent, since its olfactory makeup too-closely resembles that of Lancôme’s Trésor.

Female Treasure was found to have 24 out of 26 of the same ingredients as the L’Oréal-owned brand’s classic scent.

“The Trésor perfume was considered by the court as having an original character bearing the personal imprint of its creator, thus entitling it to copyright protection in The Netherlands,” said Nauta Dutilh, the law firm that represented Lancôme, in a statement.

The firm noted that copyright protection for a fragrance is relevant only to the scent-generating substance that is bottled and sold on the market. “The court stressed that the smell of a perfume is too transient and too variable to be copyrighted,” the statement said.

Jose Monteiro, head of L’Oréal’s trademarks department, said a similar case also recently had been won by his firm in France against another company.

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