Dutch Court Rules Fragrances Can Be Copyrighted

Law360, New York (July 23, 2004, 12:00 AM EDT) -- In a ruling that flies in the face of earlier interpretations of the law, a Dutch court has ruled that a fragrance can be covered by copyright.

In a June 21 decision in favor of Lancome, a unit of French cosmetics maker L’Oreal, an appeals court in Den Bosch ruled that Kecofa BV, which makes a perfume called "Female Treasure," infringed Lancome's copyright and must hand over all profits from the perfume since 1995.

The court found "Tresor" was a distinct combination of ingredients "not only...
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