The Gillette Company v. LA-Laboratories Ltd
European Court of Justice
2005 E.T.M.R. 67 (2005)
- Written by Wesley Bernhardt , JD
Facts
The Gillette Company (Gillette) (plaintiff) owned the rights to multiple trademarks in Finland, including the marks “Gillette” and “Sensor,” which were used to market shaving razors in Finland. LA-Laboratories Ltd. (defendant) (LA-Labs) sold razors in Finland similar to those sold by Gillette under the mark “Parason Flexor.” On the packaging of its razors, LA-Labs affixed the message “All Parason Flexor and Gillette Sensor handles are compatible with this blade.” However, LA-Labs was not given authorization to use the Gillette or Sensor marks, and Gillette subsequently filed suit in Finland. Finland’s trial court held that LA-Labs had infringed Gillette’s copyright, but the court of appeal in Helsinki held that because the sticker could be useful to the consumer and because LA-Labs’ products clearly described the products’ origin, there was no infringement. The supreme court of Finland referred the legal questions to the European Court of Justice.
Rule of Law
Issue
Holding and Reasoning ()
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