A small Australian cosmetics company has won a six-year legal battle with the worldwide supplier of Botox.
A small Australian cosmetics company has won a six-year legal battle with the worldwide supplier of Botox, Allergan, which wanted to stop it from marketing one of its products as “an instant Botox alternative”.
Lawyers said it was a landmark case that provided clear guidance on the use of trademarks in comparative advertising, and whether a market reputation could be relied on to expand the scope of a trademark.Financial Review Young Rich Lister Sonia Amoroso The High Court said Self-Care intended to leverage off the fame of Botox, but found Protox did not sufficiently resemble Botox and consumers would not likely be deceived into thinking they came from the same source.It also said Self-Care’s claim that the wrinkle-reducing effects of its “Inhibox” technology were long-lasting would not be understood to be a claim that it lasted as long as a Botox injection.
“One of them is that you can only infringe if you use someone else’s trademark ‘as a trademark’ – i.e. as a badge of trade origin for your product.
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