A perfume manufacturer, who used the trademarks of luxury perfumes without their permission, contended that the use was made as a means of attribution to describe its products and this because the scents of its products match those of the luxury products and it needs to refer to the latter for the purpose of describing its own products.
The Court rejected the claims of infringement of the trademarks due to the lack of likelihood for confusion and minimal essential use. Using an identical trademark or even a similar mark in connection with products of the same type constitutes an infringement of the trademark. However, when the use of the trademark is made for the purpose of defining the essence or quality of the product, provided that there is no likelihood for confusion by the consumer and the use is necessary and is made to an extent that it does not exceed what is required - the use will not constitute an infringement. Here, the use was done in a limited way with the aim of describing the smell of the perfume as one that corresponds to the smell of the original perfume, and not in a way designed to mislead consumers into thinking that there is a connection between it and the original perfumes. Therefore, this use does not constitute an infringement of the trademarks of the original perfumes.