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In Brief: Parfums Givenchy v. Drug Emporium

This article was originally published in The Rose Sheet

Executive Summary

Parfums Givenchy v. Drug Emporium: Defendant files a petition for a writ of certiorari Jan. 19 requesting that the Supreme Court overturn a U.S. Court of Appeals for the Ninth Circuit decision preventing Drug Emporium from selling the copyrighted box for Givenchy's Amarige scent. The filing argues that, if the appeals court decision stands, "by the simple expedient of preparing a label or package design and copyrighting it, any foreign producer of any consumer product can control all U.S. competition in its product in the United States -- particularly price competition." On Jan. 12, the appeals court denied the drug chain's request that it reconsider its decision. Givenchy will file a response to the writ within 30 days of the filing...

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