In a recent case before the European Court of Justice, L’Oreal argued that the manufacturer of perfumes that smelled like their products, was in breach of trademark law. The manufacturer and its distributors provided retailers with a handy guide that listed its perfumes and those from L’oreal, so that the link between the two was easy to make.

The court decided that someone could be shown to have taken unfair advantage of a brand without having to prove to the court that consumers had been confused or the trademark’s reputation damaged.

Therefore if someone makes the link between your brand and theirs for their commercial advantage, you may be able to make a successful complaint.