Fragrance Fakes & Decanting Dilemmas: How Luxury Brands Can Defend Their Scents

Luxury brand owners in the fragrance industry are facing increased challenges from the proliferation of two practices: (1) “smell-a-like” perfumes which mimic well-known scents, and (2) the repackaging and resale of fragrances through a process known as “decanting.” Both practices threaten to erode brand equity, confuse consumers and undermine the premium positioning of designer fragrances. Because these activities often stop short of explicit trademark infringement, policing such practices...
By: Loeb & Loeb LLP


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