L'Oreal competitor loses copyright appeal
The Advertising Appeals Committee has upheld the Advertising Regulatory Board's (ARB's) ruling in favour of L'Oreal SA, which previously complained that a rival's products copied the packaging of its Cerave skincare range.
A Fin24 report notes that competitor Nutriwomen is appealing the ARB's May ruling that found its Dermacare packaging substantially copied the packaging of the brand, which was available locally since the start of 2022.
However, the 15 October ruling by the Advertising Appeals Committee of the ARB may not be the end of the matter.
Nutriwomen still has the option of another final appeals process to contest the latest ruling.
But if this then fails, Nutriwomen will be ordered to change the offending packaging within three months.
In its ruling agreeing with the original findings of the ARB, the Advertising Appeals Committee said the Cerave and Dermacare products at issue in this case were ‘substantially similar in colour, wording, design and actual container shapes used’.
The committee said it was also clear from the evidence and arguments submitted that the Dermacare packaging was changed after Cerave was launched in SA and that it was difficult to accept arguments that Nutriwomen ‘did not know or consider what their competitors' products looked like when they are so active in the industry’.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
