The European Union's highest court ruled Thursday that a Finnish company can refer to Gillette Co.'s trademark razor system when it sells its own shaving products.
The Luxembourg-based Court said a complaint filed by Gillette Group Finland, a subsidiary of the U.S. company, was unjustified saying other companies, including LA-Laboratories Ltd. Oy in Finland, could sell razor blades which are compatible with the Gillette Sensor razors.
"Without being the owner of a trademark, a third party may use it in order to indicate the intended purpose of a product which it markets," the court said.
LA-Laboratories sells razor blades under the name Parason Flexor with a sticker saying, "All Parason Flexor and Gillette Sensor handles are compatible with this blade."
Gillette claimed this was a breach of trademark laws, and gave the impression to consumers that the Parason Flexor products were licensed by Gillette.
"The fact that a third party uses a trademark of which it is not the owner in order to indicate the intended purpose of its product does not necessarily mean that it is presenting that product as being of the same quality as, or having equivalent properties to, those of the product bearing the trademark," the court said.
The court made clear however that the use of another company's trademark must be made in a way which does not take advantage of its distinctive character, nor that it gives the impression that the other product is an imitation or replica.
The case now goes back to the Finnish Supreme Court, which referred it to the EU's Court of Justice.
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