Using fragrance names on products.

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Using fragrance names on products.

Posted by belassi on December 19, 2014 at 7:07 pm

I hope that Irina will be able to comment on this.

I know that many of you work for large companies that have the resources not to have this problem.

Suppose I’m in my favourite factor, which stocks the Mane range of aromas. I see one called “Eternity” and decide to buy a sample amount to try.

Later on I use it as the aroma of a new shampoo. It’s really nice. Let’s say I decide to include the words Eternity and fragrance on the label.

Then I discover it is a Calvin Klein perfume.

What’s the legality of that?

belassi replied 9 years, 5 months ago 5 Members · 10 Replies
10 Replies

MarkBroussard

Member
December 19, 2014 at 7:55 pm

It depends on whether or not the term “Eternity” is trademarked by Calvin Klein and what the trademark covers. Probably not an issue since you’re marketing a shampoo and not a perfume, but you should be able to check the trademark specifics on-line.
belassi

Member
December 19, 2014 at 9:37 pm

From THIS I think I would be skating on thin ice.
MarkBroussard

Member
December 19, 2014 at 10:18 pm

Well, Eternity is not really a good name for a shampoo anyhow.
belassi

Member
December 20, 2014 at 12:51 pm

I was really thinking of putting something like “Eternity Fragrance” on the label.
Bobzchemist

Member
December 20, 2014 at 1:54 pm

If you put the supplier name also, you might be safer.
IrinaTudor

Member
December 20, 2014 at 3:19 pm

Why would you @Belassi? Do you think more people will buy it because it is a ‘smell alike’?

Yes, you might get in trouble, but it depends on your customers and advertisement.

You may call your shampoo ‘Forever soft’ or something like that and in small letters add ‘smells like Eternity TM by CK TM’. And even then CK may ask you to remove any content that is linked to their brand.

I would say: ask your lawyer first and then ask your customers

hth
belassi

Member
December 20, 2014 at 7:29 pm

Thanks everyone. Fragrance is so important. Lots of people told us they buy the hand cream because of its fragrance. It is a knock-off of Ed Hardy, in fact.
heraklit

Member
December 21, 2014 at 3:36 am

I tried to teach people not to buy cosmetics only of their fragrance, without much success.
MarkBroussard

Member
December 21, 2014 at 9:20 am

The first thing a person notices when testing a cosmetic product are (1) the scent and (2) the feel on the skin. These are extremely important product attributes.

Hand someone a test sample, the tester, especially women, will first immediately sniff the product before applying on their skin.
belassi

Member
December 21, 2014 at 2:31 pm

Absolutely. What Mark says is correct. People always sniff the aroma first.