Gillette loses trademark tussle in European court

by Samuel Solley, Marketing 23-Mar-05, 10:47

Gillette's rivals could be allowed to use its trademarks on their packaging following a landmark decision by the European Court of Justice.

The court ruled last week that firms could use another party's trademarks if it was necessary to show the purpose of the product.

Litigious Gillette had been trying to prevent Finnish company LA-Laboratories, which makes blades that are compatible with a Gillette Sensor razor, from carrying its logo on the packaging for its blades.

The ruling gave permission to LA-Laboratories to use the Procter & Gamble-owned razor brand's trademark as long as it does so 'in an honest fashion that is not to present a product as an imitation or replica'.

Lawyers have argued this ruling will have broad implications on the razor blade market and could lead to it opening up.

Elaine Rowley, partner at patent and trademark law firm Marks & Clerk, said the move was necessary to 'clarify whether a product will work with another'.

The European Court's decision will be used to offer advice on how to apply law and its ruling has now been referred back to the Finnish Court for a final decision, although it is expected to favour LA-Laboratories.