Recently, LVMH Fragrance and Cosmetics (Shanghai) Co., Ltd. applied for compulsory execution because L’Oreal (China) Co., Ltd. failed to fulfill its obligation to publish a statement and eliminate the impact. The court announced the judgment of the case of trademark infringement and unfair competition dispute between LVMH and L’Oreal.

The details show that the plaintiff LVMH requested the court to order the defendant L’Oreal to stop using the NECTAR ROYAL mark, stop copying, imitating the plaintiff’s “ABEILLE ROYALE” product advertising design ideas and styles, stop using “nectar” for product description, and compensate the plaintiff for economic losses and reasonable expenses totaling 10 million yuan.

The court held that the defendant’s use of NECTAR ROYAL did not constitute similarity with the plaintiff’s registered trademark ABEILLE ROYALE, and would not cause public confusion; the plaintiff’s ABEILLE ROYALE imperial bee posture series products are one of the main cosmetics under the Guerlain brand, and have a high reputation. The defendant’s NECTAR ROYAL series products promotion used some of the same or similar composition, color matching, etc. as the plaintiff, with the intention of attaching to the plaintiff’s product reputation and goodwill. In the end, the court ruled that the defendant L’Oreal should stop the unfair competition behavior involved in the case, compensate the plaintiff LVMH for economic losses and reasonable expenses totaling 1.2 million yuan, and publish a statement on its official website and Weibo homepage for 15 consecutive days to eliminate the impact.