L’Occitane has emerged victorious in its legal battle against Italian model Alice Taticchi’s attempt to register a trademark closely resembling its Erborian brand. The Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) ruled against Taticchi’s Arboria Skin Care trademark application, citing significant visual and auditory similarities between the two brands, which could lead to consumer confusion.
The dispute, spanning over two years, saw Taticchi’s Arboria trademark application challenged by L’Occitane in 2022. In a subsequent ruling supported by EUIPO’s opposition division, it was concluded that a likelihood of confusion existed between Arboria and Erborian.
Taticchi argued that Erborian evoked “herbs of the orient,” while Arboria referenced “arboreal” and trees. However, the board dismissed this distinction, deeming both names as “meaningless fantasy terms” for the vast majority of consumers.
The trademarks involved in the case include French trademark number 3457744, international trademark number 1584189, and EU trademark number 018567433.
Erborian, a brand co-founded by Katalin Berenyi and Hojung Lee in 2006 and acquired by L’Occitane in 2012, combines traditional Korean herbs with skincare and makeup. In contrast, Arboria’s product line is based on aloe vera from Salento, Italy, offering six skincare products.
