Judgment of the Court (First Chamber) of 18 June 2009.
L'Oréal SA, Lancôme parfums et beauté & Cie SNC and Laboratoire Garnier & Cie v Bellure NV, Malaika Investments Ltd and Starion International Ltd.
Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.
Directive 89/104/EEC - Trade marks - Article 5(1) and (2) - Use in comparative advertising - Right to have such use prevented - Taking unfair advantage of the repute of a trade mark - Impairment of the functions of the trade mark - Directive 84/450/EEC - Comparative advertising - Article 3a(1)(g) and (h) - Conditions under which comparative advertising is permitted - Taking unfair advantage of the reputation of a trade mark - Presentation of goods as imitations or replicas.
European Court Reports 2009 Page I-05185