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  1. #1

    Question Can you explain this for me please

    I am not having a go at the people who sell these but how can these be legal ,I remember creations lamis being taken to court by lancome claiming there bottles were to like the originals ( they lost the case) as the bottles and packaging were not that similar that the public would be duped . but these are so like the originals it gobsmacks me that customs allow them thru , oppinions please

    http://www.fragrancehouse.com/ui/Ite...&redirect=true

    http://cgi.ebay.co.uk/Fiori-For-Wome...6.c0.m14.l1318

  2. #2

    Default Re: Can you explain this for me please

    No, I can´t explain this (but I hope someone can).
    When I saw these Touch of Pink-lookalikes, I came to think about a bottle that looked almost exactly like JLo´s Glow. It was at our tiny perfume shop, and I almost bought it, but saw my mistake in time. Can´t remember what it was called, or who manufactured it, but it was dirt cheap, of course.
    But, then again - there are a lot of bottles that one could say look like a Chanel, for instance...

  3. #3
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    Default Re: Can you explain this for me please

    lol... Having fakes confiscated at customs is not as simple as you might think. The main problem is finding them, which means customs officers have to know what the original looks like in order to know when they see a fake. So, even if customs actually saw this bottle on its way in to the UK (which is doubtful, considering the sheer number of shipments they have to deal with), they probably wouldn't have recognized it as a knockoff.

    The short answer to your question: I'm pretty sure it's not actually legal at all. I don't think that UK coyright law protects perfume formulas, but I'm certain that this Fiori bottle would be considered an infringement of trade dress (i.e. product packaging design). I have reported the listing to eBay.

  4. #4

    Default Re: Can you explain this for me please

    If you go onto Google and look for (empty) bottles for sale, your will find huge plants in China making these bottles and selling them per 10.000 or more.

    These plants have hundreds of different models among which you will find most of the bottles you usually buy. Labels, caps (colour and shape) vary but the bottle shape is identical.

    This doesn't mean counterfiet to me but simply that all the brands order their bottles in China for cost reasons. Also, these plants have the infrastructure to produce major bottle orders.

    I spoke with a perfumer in Grasse a few months ago who told me that his company was still ordering bottles in the north of France while all the others were getting them from China at very low cost. This guy was disgusted to see that nowadays, very few perfumes still contain natural materials and that the fragrance industry in general is generating very high margins, even onto packaging.

    They make fool on us, the consumers.
    Last edited by Night; 3rd August 2008 at 05:07 PM.
    L'amour fait songer, vivre et croire. Il a, pour réchauffer le coeur, un rayon de plus que la gloire; et ce rayon, c'est le bonheur. (Victor HUGO)

  5. #5

    Default Re: Can you explain this for me please

    Good observatoin jingles but I second what Night said. If the perfume house is willing to share a plant in China with others, they should understand that using generic bottles means they'll probably look like someone else's as they probably look like someone that came before them!

    Also, customs is not in charge of distinguishing and sorting out look-alikes (unless there's major reporting on a specific brand). The law of copyright does not say that you cannot be similar to others just that the average well-informed customer shouldn't be mistaken easily for another ("origianl" LOL) brand. The law does not cover cases where the customer is clueless, careless, (or even mentally incapacitated) and falls for a look-alike. The customer is also responsible for their own education about what they're buying and for paying attention.

    After all, there's only so many shapes in this world that can be used in bottles. We can't stop making bottles just because. Just like songs and musical notes. There's only so many combinations we can come up with. This is why many, many times songs/musical pieces, much like scents and bottles, remind us of others we have heard/seen/smelled before.

  6. #6

    Default Re: Can you explain this for me please

    I don't know how they are legal either, but in my city there is a chain of discount cosmetics stores who used to sell genuine perfume, then cleared them out and got heaps of these fakes - "Dolce and Nobleman", fake Organza (bottle looked very similar to Organza but not as pretty), fake CK Euphoria Blossom etc. I'm so cut that they used to sell decent stuff and now they just sell crap. So bring on the lawyers!

  7. #7

    Default Re: Can you explain this for me please

    Quote Originally Posted by Night View Post
    If you go onto Google and look for (empty) bottles for sale, your will find huge plants in China making these bottles and selling them per 10.000 or more.

    These plants have hundreds of different models among which you will find most of the bottles you usually buy. Labels, caps (colour and shape) vary but the bottle shape is identical.

    This doesn't mean counterfiet to me but simply that all the brands order their bottles in China for cost reasons. Also, these plants have the infrastructure to produce major bottle orders.

    I spoke with a perfumer in Grasse a few months ago who told me that his company was still ordering bottles in the north of France while all the others were getting them from China at very low cost. This guy was disgusted to see that nowadays, very few perfumes still contain natural materials and that the fragrance industry in general is generating very high margins, even onto packaging.

    They make fool on us, the consumers.

    While looking for bottles, I saw that too. Slightly disturbing. I would have thought that the companies would have paid more to secure exclusive rights to the bottle - either the companies are too cheap, they just don't care, or these bottle manufacturers are up to no good.

    I don't have any hard and fast numbers, but I'm willing to bet that, thanks to mass production and ultra-cheap synthetics (yes, there are some expensive ones, but they are usually fairly strong and don't comprise a large portion of the final blend), that the average bottle of commercial perfume costs < $3, and probably more like $1 or less (think about it, they are making profit on 4.0 ounce or whatever size bottles of Old Spice that are on sale for about $8.. and that's after retailer markup too!).

    Of course they have to account for R&D costs and tooling costs for new bottles and advertising costs, but still, there are some HUGE markups out there.

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