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  1. #1

    Default Boucheron Trouble is in big Trouble.

    WWD

    NEW YORK ų Executives for YSL Beauté vowed to continue fighting a preliminary injunction that has barred the sale of Boucheron‚s Trouble fragrance in the U.S. since late November.

    Parfums Boucheron, an arm of YSL Beauté that produces the Trouble fragrance, has defended itself against a lawsuit filed by ITF SpA since early October. At the heart of the matter is Boucheron‚s use of a three-dimensional snake design on the bottle cap of the Trouble fragrance. According to the original complaint, ITF believes the Trouble cap „employs trade dress elements that are similar to, and, in some respects, virtually identical to, distinctive elementsš of those of the Roberto Cavalli fragrance, which ITF produces and sells. Boucheron had provided its manufacturer with a Cavalli cap, alleged the complaint, and Boucheron „representedš to the manufacturer that it would obtain ITF‚s consent to use the design.

    [img]
    http://www.wwd.com/content/articles/120804_39.jpg[/img]

    On Nov. 18, U.S. District Court Judge Clarence Cooper of the Northern District of Georgia granted ITF a preliminary injunction barring Boucheron from using a snake design on any of its perfume products.

    Since then, Boucheron filed three motions to lift the injunction, all of which were denied on Dec. 3 in an order from Judge Cooper. In rejecting the motions, the judge wrote that Boucheron „failed to show irreparable [nonmonetary] injuryš and that the company had failed to show it could succeed on appeal.

    Chantal Roos, chairman and chief executive officer of YSL Beauté, pledged to fight the ruling and expressed confidence, saying, „We are going to win.š

    On Monday, Boucheron appealed the injunction to the Eleventh Circuit of the U.S. Court of Appeals. On the same day, the company also filed an answer to ITF‚s original complaint and issued its own counterclaims.

    In its response, Boucheron noted that ITF had been aware of the Trouble perfume cap since October 2003, but had not filed suit until a year later. Boucheron also said the Cavalli snake was „merely an ornament on its perfume bottle and does not designate the source of the Roberto Cavalli product, and therefore does not constitute a protectable trade dress.š

    In its counterclaims, Boucheron accused ITF of faxing letters to retailers such as Nordstrom, Saks Fifth Avenue and Federated Department Stores „demandingš they comply with the injunction before it had become effective.

    ITF‚s corporate offices in Italy could not be reached for comment Tuesday and calls to the company‚s U.S. legal representatives were not returned.

    Roos dismissed the Cavalli fragrance, saying it appeals to a different customer. She further asserted that the design of the two products are so dissimilar that there was no chance of mistaking one bottle for another. „The consumer cannot be confused,š she said, declaring that there is as much similarity between the fragrances as between „the Eiffel Tower and the Tower of Pisa.š

    According to Roos, Boucheron has used a snake motif in its jewelry since the founding of the house in 1860 and its use in the design of the Trouble fragrance is in keeping with Boucheron‚s tradition.

    Roos, however, said that YSL will respect the court ruling and change the cap on the Trouble bottle while preparing its appeal. The fragrance is now distributed in about 600 doors and Roos believes it will take two weeks to change all the stock.

  2. #2

    Default Re: Boucheron Trouble is in big Trouble.

    Boucheron had provided its manufacturer with a Cavalli cap, alleged the complaint, and Boucheron „representedš to the manufacturer that it would obtain ITF‚s consent to use the design
    they were just asking for Trouble. :

    On a side note, Ms. Chantal Roos has been in the fragrance business for a very long time. A few days ago I read an interview with her when she was international marketing manager for "YSL Parfums". The article was from 1979! I read she was responsible for the launch of Opium in 1978. Impressive.

  3. #3

    Default Re: Boucheron Trouble is in big Trouble.

    Yes Chantal Roos was responsible for the launch of Opium, Kouros, Paris and Jazz. She left YSL in the late 80s/ early 90s and started Prestige Fragrance International under Shiseido and yet again she managed 2 huge blockbuster perfume brands: Gaultier and Issey Miyake.

  4. #4

    Default Re: Boucheron Trouble is in big Trouble.

    ??? Hi Cedric,

    I'm a little surprised that they didn't hear too, from Niki de Saint Phalle. I'm not sure if her fragrance still exists . . . perhaps her 'snake' wasn't so similar to the one in trouble.

  5. #5

    Default Re: Boucheron Trouble is in big Trouble.

    Quote Originally Posted by mgarisbn
    ???  Hi Cedric,

    I'm a little surprised that they didn't hear too, from Niki de Saint Phalle.  I'm not sure if her fragrance still exists . . . perhaps her 'snake' wasn't so similar to the one in trouble.  
    Good point!

  6. #6

    Default Re: Boucheron Trouble is in big Trouble.

    :P Thanks, Cedric!

  7. #7

    Default Re: Boucheron Trouble is in big Trouble.

    thx for this info.. only makes me want more Trouble.. and never to try Robert Cavalli

  8. #8

    Default Re: Boucheron Trouble is in big Trouble.

    Quote Originally Posted by cedriceccentric
    Roos dismissed the Cavalli fragrance, saying it appeals to a different customer. She further asserted that the design of the two products are so dissimilar that there was no chance of mistaking one bottle for another.
    I agree with this. I never made the connection that the caps were even similar because the bottles are so different.

  9. #9

    Default Re: Boucheron Trouble is in big Trouble.

    A few years ago Ralph Lauren had a similar problem with Calvin Klein during the launch of Romance. The Calvin Klein people said that not only was the bottle very similar but the whole concept too, that it could be confusing for customers. Ralph Lauren had just to make a tiny change to his bottle: he had to add the name Romance on the ring arround the cap.

  10. #10
    MJH
    Guest

    Default Re: Boucheron Trouble is in big Trouble.

    :
    Maybe Lalique can get in on the lawsuit, too:


  11. #11

    Default Re: Boucheron Trouble is in big Trouble.

    I recall reading an article in "W" at the launch of Trouble that the bottle design is by jewellery designer Chantal Azagury-Partridge. She had a line of jewellery and rings featuring snakes.

    I find Cavalli's trying to "own" the imagery of the snake as absurd. Boucheron is correct in asserting that snake motif has been around for centuries and gained popularity in the 19th century, especially after Queen Victorian received a snake ring from her husband Prince Albert.

    I personally find the original Trouble bottle with the snake more appealing than the skinny Cavalli bottle. The snake looks like a snake. The Cavalli snake ornament (flimsy plastic and hard to fit on the bottle top without effort) looks more abstract without the snake eyes.

    The tall Cavalli bottle is attractive, but not practical. It's easy to knock over on the dressing table as it is not gravity friendly.

    I have both scents. Both are oriental. I prefer the Trouble for its citrus and vanilla. (Cavalli is less subtle and more in-you-face.) Sadly, the new Trouble cap is now whittled down into an abstract jewelled ribbon.
    Last edited by Primrose; 10th November 2010 at 12:08 AM.
    "No sweet perfume ever tortured me more than this." Desert Rose by Sting and Cheb Mami, Album 1999.

  12. #12

    Default Re: Boucheron Trouble is in big Trouble.

    That was a shame about the Trouble cap. You're right about the absurdity. What about Nikki de St. Phalle then? What about snake rings and jewelry that have been around forever? As someone I once knew used to say...Reeeedicalous!

  13. #13

    Default Re: Boucheron Trouble is in big Trouble.

    Trouble is one of those fantastic scents that my Wife wears so well.....I do miss this for sure!!!
    Gary

  14. #14

    Default Re: Boucheron Trouble is in big Trouble.

    This explains why there are some bottles without the snake on the cap...

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