Cosmetics trademark infringement

An illustrator created eleven illustrations for a cosmetics company to be included in the package inserts for a thermal water spray, as part of a licensing agreement limited to one million copies per three-year period.

How can one assess the originality of a work of applied art (in this case, display stands)? It’s a timeless question, fraught with subjectivity! The facts are as follows. After losing a tender, Someva, a company specialising in the design and manufacture of display units for large retail chains, sued Evema for copyright infringement in relation to its designs for display units entitled “Fruit and Vegetable Concept”, “Aisle Display” and “Organic Wall Display”, as well as for unfair competition.

A French company is the proprietor of a semi-figurative trade mark registered in 1999 for numerous goods falling within Classes 3, 14, 18 and 25 (perfumes and cosmetics, jewellery, leather goods, clothing and accessories). A Singaporean company has applied for the revocation of this trade mark on the grounds of lack of genuine use. Genuine use of the trade mark is assessed, in particular, in the light of its use on second-hand platforms such as Vinted or Etsy.