EU Trademark Court confirms that use of well-known trademarks to sell smell-alikes is infringing

The EU Trademark Court Number 2 of Alicante has upheld a lawsuit filed by Carolina Herrera Limited, Puig France SAS, Gaulme SAS and Antonio Puig SA against Yodeyma Parfums SL for offering and marketing smell-alike perfumes identified by using comparison lists containing the plaintiffs’ well-known trademarks. The court found that such use infringed the plaintiffs’ trademarks and constituted free-riding.