Since 1935, L’Oréal has sold skincare products worldwide under the LANCÔME brand. When the new cosmetics brand NINÔME was launched—including promotions via model Kim Feenstra’s social media—L’Oréal demanded a ban.
The court ruled in L’Oréal’s favor. Both names consist of two syllables, six versus seven letters, with an N in the third position and ending in ÔME. The circumflex (^) is rarely used in the Benelux, making it even more distinctive. The similarities were deemed significant. Additionally, the products were identical.
The NINÔME advertisements featured the brand name in large white letters on a dark background beneath a model’s portrait, using a similar font. This further increased the likelihood of confusion. The proposed rebranding to NINOME was also rejected. Since an infringement had already taken place, consumer associations between the names were too strong. Had the product originally launched as NINOME, L’Oréal might have accepted it. Now, it was too late.
