In Brief: Horn's v. Sanofi Beaute
This article was originally published in The Rose Sheet
Executive Summary
Horn's v. Sanofi Beaute: Manhattan district court rules Sanofi's Nina Ricci Deci Dela fragrance mark does not infringe on Horn's Here & There mark for a monthly fashion trade publication, according to a May 9 settlement. The publisher charged Sanofi and its subsidiary, Nina Ricci, with trademark infringement and unfair competition in an April 27, 1995 lawsuit. Horn's maintained that Deci Dela, which translates into "here and there" in French, would cause the "trade and public" to believe that the products were sponsored by the publisher ("The Rose Sheet" May 22, 1995, In Brief). The court ruled in favor of Sanofi on the basis that the two marks "sound nothing alike" and are "quite difference in appearance," the document states. In response to Horn's contention that it had plans to market a scent under the Here & There name, the court stated that the publisher "failed to show that it had any concrete plans to market a fragrance"...