Sueing Strawberries?

Saw a good one again today (I have known about this for a few years but now it is in court). Trademarking a scent of strawberries!

The European Court of First Instance yesterday dismissed an attempt to register a trade mark for the smell of ripe strawberries, on the grounds that there is no “generally accepted international classification of smells” that would identify the mark.

Laboratoires France Parfum, recently bought by Paris-based Eden SARL, was attemping to “protect” this smell and use it in a long list of products.

My question is, “How are they going to sue the strawberries that have the same scent?” The strawberries must have some resources that they know about?

And I am sure that others have already scented products with a berry good smell which I think would cause problems with Laboratoires France Parfum trying to protect it even if their scent is trademarked which I think is next to impossible.

What else could we trademark?

Allan

3 thoughts on “Sueing Strawberries?”

  1. The Eiffel Tower is trademarked. Some “artist” put up lights on the tower for a celebration in 2000 (?) and it was so popular that they became permanent in 2003. It is a trademark owned by this “artist” so any pictures taken with these lights on requires a licensing fee if used commercially.

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