Allergan wins over EU trade marks for Botolist and Botocyl
There was good news yesterday for USA-based Allergan (NYSE: AGN) when the European Court of Justice confirmed the annulment of the Community trade marks Botolist and Botocyl, noting the use of the marks at issue would take unfair advantage of the reputation of the US firm’s trade name Botox, a botulinum toxin type A used in the prevention of wrinkles as well as certain medical applications.
In 2003, the OHIM – the Community trade marks office – registered, in respect of cosmetic products, the word mark Botolist following an application by Helena Rubinstein SNC and the word mark Botocyl for L’Oreal SA.
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