A Brief Note on L’Oreal and the Prohibition on Free Riding

17 Pages Posted: 25 Oct 2009

See all articles by Robert Burrell

Robert Burrell

University of Melbourne - Law School

Dev Saif Gangjee

Faculty of Law, University of Oxford

Date Written: October 20, 2009

Abstract

In L'Oréal v Bellure the European Court of Justice decided that free riding, or taking advantage of the reputation enjoyed by an earlier mark, is actionable per se. In reaching this conclusion, the ECJ significantly expanded the scope of trade mark protection. This comment argues that L'Oréal's broad prohibition on free riding is theoretically unsound, runs counter to the thrust of European trade mark law and could negatively impact on the competitiveness of the European marketplace.

Keywords: Trade marks, trade mark dilution, Unfair Competition, Free Riding

Suggested Citation

Burrell, Robert and Gangjee, Dev S., A Brief Note on L’Oreal and the Prohibition on Free Riding (October 20, 2009). University of Queensland TC Beirne School of Law Research Paper No. 09-32. Available at SSRN: https://ssrn.com/abstract=1491402 or http://dx.doi.org/10.2139/ssrn.1491402

Robert Burrell (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Dev S. Gangjee

Faculty of Law, University of Oxford ( email )

St Hilda's College
Cowley Place
Oxford, OX4 1DY
United Kingdom

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