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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience:  Experience of consumer law, financial regulation and criminal law.
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Is it ok to import perfume, which is our impression of a

Customer Question

Is it ok to import perfume, which is our impression of a brand. It has different bottle, different packing and different name but our impression fragrance. Also if we mark on the product stating that it is our impression of so and so brand, is it ok to sell in United Kingdom? It happens in USA but what are the laws in UK?
Submitted: 2 months ago.
Category: Law
Expert:  JG_Legal replied 2 months ago.

I'm a barrister, I think I can help with this.

When you say "impression fragrance", what do you mean?

Customer: replied 2 months ago.
I mean it is my version of a branded fragrance.
Customer: replied 2 months ago.
Say you have boss by hugo boss, I will use my bottle, my packaging and my name so no relation to boss. The fragrance will be similar to boss but my version. I will write on the packaging that it is my impression of boss bottle. Not to misguide consumer, It will clearly say on packaging that I have no association with hugo boss its my impression of its fragrance. I hope it helps. Many companies are doing it in US and even big supermarkets stock their range but not sure about UK law.
Expert:  JG_Legal replied 2 months ago.

In short, I don't think you can do that. You're proposing using a registered trade mark - Boss - on your prroduct which is the same type of product Boss is selling. Firstly, it's arguable this will lead to confusing amongst consumers that it is a Boss product. Second, even if you make it clear its merely an "impression" it would be difficult that you're not exploiting the goodwill of the brand. These concepts are arguable however you also need to consider that Boss is a multinational organisation with a lot of money to spend on legal fees. My Answer would be you cannot do what you propose, considering all the factors, I think you would need very specific legal advice on how you would present it if you were to have any chance.

I think this answers you question, if it does, please rate me.

Expert:  JG_Legal replied 2 months ago.

Do you require further clarification?

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