An update on the ECJ's ruling in L'Oréal SA & others v Bellure NV and others, Case C-487/07, 18 June 2009, in which the court considered issues under Articles 5(1)(a) and 5(2) of the Trade Marks Directive (89/104/EEC) and Article 3(a)(1) of the Misleading and Comparative Advertising Directive (97/55/EC).

NOTE: On 21 May 2010, the Court of Appeal applied the ECJ's decision (see Legal update, Court of Appeal reluctantly applies ECJ ruling in L’Oréal smell-alike perfume trade mark case). (Details of PLC IPIT & Communications' policy on annotating case reports are set out here.)