Smell rights
Smell rights are claims of ownership to particular smells. These rights can include copyright or non-conventional trademark.
In France, the scent of a perfume is not eligible for copyright.[1]
In 2006, a Dutch court ruled that a perfume could have a copyright.[2][3][4] The case was a claim of French cosmetics company, Lancôme, on the property of the scent of its perfume Trésor against the version of such fragance done by the Dutch firm Kecofa.[2] The Dutch High court granted the protection given that scent as long as it is perceptible and original.[2]
Legal commentators have described possible systems for trademarking scents.[5] WIPO has collected information on the use of registration of the such called "Olfactory marks" as a tendency among national offices of trademark.[6]
In the United States, Hasbro has a trademark for the smell of Play-Doh.[7]
References
[edit]- ^ marie-andree (4 January 2018). "Does a French copyright smell anything?". MAW-LAW Web Site.
- ^ a b c Koelman, Kamiel (September 2006). "Copyright in the Courts: Perfume as Artistic Expression?". WIPO Magazine.
- ^ Guest Barista (19 January 2010). "Smelly Rights: Copyright in Perfume". Patent Baristas.
- ^ Einhorn, David A.; Portnoy, Lesley (April 2010). "The Copyrightability of Perfumes: I Smell a Symphony" (PDF). Intellectual Property Today: 8–10.
- ^ Reimer, Erin M. (2012). "A Semiotic Analysis: Developing A New Standard for Scent Marks". Vanderbilt Journal of Entertainment & Technology Law. 14 (3): 693–728.
- ^ World Intellectual Property Organization - Standing committee on the law of Trademarks, Industrial Designs and Geographical Indications (September 1, 2006). "New types of marks" (PDF). Retrieved March 3, 2025.
- ^ Liszewski, Andrew (18 May 2018). "Hasbro Has Officially Trademarked the Smell of Your Childhood: Play-Doh". Gizmodo.
 | This law-related article is a stub. You can help Wikipedia by expanding it. |