Perfume
Copyright

It is doubtful whether perfumes qualify as appropriate copyright subject matter under the US Copyright Act. The issue has not yet been addressed by any US court. A perfume's scent is not eligible for trademark protection: the scent serves as the functional purpose of the product.

In 2006 the Dutch Supreme Court granted copyright protection to Lancôme 's perfume Tresor (Lancôme v. Kecofa).

The French Supreme Court has twice taken the position that perfumes lack the creativity to constitute copyrightable expressions (Bsiri-Barbir v. Haarman & Reimer, 2006; Beaute Prestige International v. Senteur Mazal, 2008).

Sometimes, a knock-off perfume would use an altered name of the original perfume (for instance, now-discontinued Freya by Oriflame perfume has a similar-designed copy produced as " Fre yy a ").

It is still questionable if perfume's "functional purpose" can be protected with technical patent (one which lasts 15 years). Apparently, Russian "Novaya Zarya" labels their colognes as "hygienic lotions" for a similar reason. A counterexample: NovZar's more-than-century-old Shipr chypre and Troinoi cologne are being produced by other companies in Russia in similar bottles.
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