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Here is an excerpt of ourcosmetics magazine :
Chanel Protects Rosewood
Appeals by the ecologist association Robin des Bois (Robinhood in French) were heard. Chanel has just signed a contract with the Center of International Cooperation of Research in Agronomy for development and the National Forestry Office (ONF) to undertake a program of research and preservation of rosewood, one of the components of its Chanel N°5. 3,000 trees will be planted over 10 hectares near Kourou in Guyana. Research will be carried out to select the trees which are richest in essential oils. By so doing, Chanel is upholding its desire not only to preserve bio-diversity, but also to protect its own supply and perpetuate the olfactory value of its creations.
France Telecom Delves into Scent Technology
France Télécom's Research and Development department has announced its intention to integrate olfaction technology with Internet technology. This will result in scent-enhanced websites and email. Conceptually, scent-enabling technology is no more sophisticated than a site enhancing plug-in (such as the audio/video streaming application Real Player or animation player Flash, for example).
France Télécom has developed two main prototypes which require consumers to purchase an additional device in order to experience digital scents. The first is web-based, while the second is primarily destined for interactive television. The telecoms provider envisages the web-based device as a small box that sits atop the monitor and emits lightly-scented air, generated from its internal mini-perfume organ when triggered by a website’s code. The latter prototype, the “SniffMan”, is similar to a walkman, but allows greater liberty of movement.
The implications are, of course, staggering for the fragrance and cosmetic industry. Most obviously, e-tailers will be able to offer consumers fragrance samples before purchasing. But bigger opportunities will emerge in a new ambient fragrance market. Just as cutting-edge websites are integrating sound and high-resolution animation, the next generation will offer signature or ambient scents such as coffee, popcorn, or freshly-mown grass, to create a complete sensory experience. The benefits are not limited to the Internet, however, with the onset of interactive television and WAP telephones.
According to a France Télécom-issued press release, the technology should be available to the public within the next 18 months. France Télécom has partnered with both a Munich-based hardware development company, Ruetz Technologies to produce the SniffMan, and L'Institut Supérieur International du Parfum, de la Cosmétique et de l'Aromatique Alimentaire (The International Institute of Perfume, Cosmetics and Food Aromas) to create fragrance formulations. At present, the French company's version of the portable scent delivery device, the SniffMan, will retail in the FF100-500/US$13-70 price range.
The first company to test the waters in this area was DigiScents, a California, US-based company, with its own scent player, dubbed iSmell. But CEO and Co-Founder Joel Bellenson does not view France Télécom's implementation of a similar technology as competition. DigiScents is less focused on the creative application and dissemination of the new technology. According to Bellenson, DigiScents’ “vision is to set the software and hardware platform for digital scent technology. We will license our standard to other Digital Scent Technology vendors that meet our hardware requirements.
It is worth noting that the arrival of France Télécom as a major player in this area, may mark the beginning of a promising adventure for the fragrance industry, but raises several legal questions, particularly vis-à-vis trademark issues.
Interview with Mr. Le Pen
Legal advisor for Thierry Mugler Parfums
Thierry Mugler Parfums' lawsuit against Molinard for imitation of its perfume, "Angel," appears to have reached its conclusion. The two parties have come to an agreement following arbitration.
Does this arbitration annul Molinard's appeal?
Mr. Le Pen: Yes it does. This agreement has definitively concluded the case although it does not cancel out the judgement pronounced by Paris' commercial court on September 24, 1999. This judgement recognized Angel as the original frzgrance and therefore deserving of protection by the law. The arbitration has allowed the two parties concerned to reach an agreement confirmed by the justice system, thus avoiding a return to court.
What does the agreement specify?
Mr. LP: First of all, that Nirmala, Molinard's imitation of Angel, not be marketed as is. As Molinard intends to market a perfume by this name, it must change the composition. Also, the two parties agreed on the sum Molinard must pay as compensation. Although less than the FF15m ($2 million) ordered by the court in September 1999, the sum remains high. And then, as we requested, a communiqué was released in diverse daily newspapers.
Has this case set a precedent?
Mr. LP: Yes, because for the first time a French court of law has declared that a perfume can be protected by the law. Angel is the first perfume protected by literary and artistic copyright.
How is this form of protection more advantageous than registering a trademark?
Mr. LP: Some advocate registering a trademark for perfumes along with their chromatography. To my mind this isn't enough as the chromatography doesn't specify the exact composition of the perfume. Moreover, anyone can register a perfume brand. The problem is not to know if a perfume has been registered as a brand, but if it will be able to resist attack in court. Artistic and literary copyright is looked at case by case. With "Angel," the judges recognized that the fragrance was original and innovative and had opened the doors to a new olfaction trend.
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