Provence Consumer Goods JSC vs. Lamont en Provence Co., Ltd

Provence Consumer Goods JSC (Provence), represented by Pham & Associates, on April 01, 2016 filed an application to request the Inspectorate of Ministry of Science and Technology (Inspectorate) to handle unfair competition of Lamont En Provence Co., Ltd (Lamont) as the latter has used product packaging designs confusingly similar to the commercial indications of Provence for the same goods. Ground for this was that Provence’s cosmetic goods had been widely sold and used in Vietnam market, whereby its cosmetic products’ packaging designs with characteristic features and presenting styles have become Provence’s commercial indications easily-recognized by the customers. The act of Lamont on bringing to the market its cosmetic products bearing containers’ designs, appearances and combination of packaging elements confusingly similar to the commercial indications of Provence for the same products would cause confusion as to business entities or business activities or commercial source of goods, which constitutes Acts of unfair competition as stipulated by Article 130.2 and 130.3 of the IP Law.

Having agreed with Pham & Associates, on January 09, 2017 the Inspectorate issued a decision to ask Lamont to stop the production of cosmetic products bearing “L’Amont en Provence, figure”,  in case the infringement continues yet, punishment will be applied.

Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn