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Quel est l’avenir de la parfumerie
Thursday, October 1, 2015Jurisprudence

Equivalenza charged with counterfeiting by French justice

© L'Observatoire des Cosmétiques

As a follow-up to the case it filed against the Equivalenza Chain, which sells perfume using of the correlation tables, FEBEA announces that the Spanish parent company and its French executive are now charged by justice with counterfeiting.

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FEBEA Press release

As a follow-up to the case filed by FEBEA (the French Federation for Fragrance, Cosmetics and Toiletries) in 2014, and the investigation lead by the French Gendarmerie, Loïc Gautier, representing the Equivalenza Chain in France, was charged on July 3rd last with counterfeiting of perfume trademarks, as a result of the use and communication to franchisees resellers of "correlation tables".

After one year of investigation, Equivalenza European, the Spanish parent company of the chain, is now charged by French justice with counterfeiting of perfume trademark for use of the correlation tables. The chain distributes its products in 750 stores throughout fifteen countries.

The correlation tables practice

The correlation tables represent a form of counterfeiting, quite specific to perfumery.
This practice actually consists in offering for sale a perfume which bears any name, sometimes even a number, associating it through correlations or equivalences, to a branded perfume to which this product is supposed to correspond (with regard to smell, fragrance).

From a legal viewpoint, the correlation tables practice constitutes an offence of counterfeiting, usurpation and unlawful use of another’s trademark, provided for and punished in most jurisdictions, as in France by the Intellectual Property Code (articles L. 713-1, …

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