SUIT SAYS DE COEUR TV SPOT INFRINGES DRAKKAR NOIR MARK

Byline:

NEW YORK — Parfums Guy Laroche, owner of the Drakkar Noir fragrance, and Cosmair Inc., Laroche’s U.S. distributor, have filed a trademark infringement suit against Parfums De Coeur Ltd.
The suit, filed Tuesday in U.S. District Court in Manhattan, claims a television commercial by Parfums De Coeur infringes on the Drakkar Noir mark. The commercial implies its New York Nights cologne is “identical” to Drakkar Noir in every way but price.
In the ad, the contents of a bottle of Drakkar Noir are emptied into an empty New York Nights, which then replaces the Drakkar Noir bottle in a young man’s medicine cabinet.
The commercial concludes with the message that “one can’t tell the difference” between Drakkar Noir and New York Nights.
Laroche, which claims sales of Drakkar Noir have totaled $188 million in the U.S. since 1990, is seeking unspecified treble damages and a preliminary injunction preventing Parfums De Coeur from airing the advertisement.
A Parfums De Coeur spokeswoman said the suit is “completely without merit.”

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