In Brief: Horn's v. Sanofi Beaute
This article was originally published in The Rose Sheet
Executive Summary
Horn's v. Sanofi Beaute: Publisher of Here & There, a monthly trade publication on the fashion industry, charges Sanofi Beaute and its subsidiary, Nina Ricci, with federal trademark infringement and unfair competition regarding Nina Ricci's newest scent -- Deci Dela. According to the lawsuit, filed April 27, "Deci Dela" translates from the French to mean "here and there." Sanofi asserts, however, that "Deci Dela" means "from here to there" and that the phrase comes from Andre Messagir's opera "Veronique" ("The Rose Sheet" Oct. 3, p. 2). Horn's suit claims that the sale of Deci Dela will cause "the trade and public to accept and purchase the defendants' fragrance in the mistaken belief that said products are sponsored" by the plaintiff. Horn's is seeking preliminary and permanent injunctions against the defendants to prevent them from using the mark Here & There "or its foreign equivalent" to advertise or sell the scent. The trade publication is also requesting payment of profits gained from Deci Dela sales and attorney's fees. Sanofi commented that the case has "absolutely no merit." Deci Dela debuts in the U.S. in June...