A Brief Note on L’Oreal and the Prohibition on Free Riding

Abstract

In L'Oreal v Bellure the European Court of Justice decided that free riding, or taking advantage of the reputation enjoyed by an earlier mark, is actionable per se. In reaching this conclusion, the ECJ significantly expanded the scope of trade mark protection. This comment argues that L'Oreal's broad prohibition on free riding is theoretically unsound, runs counter to the thrust of European trade mark law and could negatively impact on the competitiveness of the European marketplace.