“Our Version of (Famous Perfume or Cologne)

I like some things at some dollar stores. Many things are excellent buys - if you choose carefully. Some things come in such small sizes you would be better off elsewhere - it might be an expensive place to buy vitamins.

One thing they have in dollar stores, where knowing the quality is difficult, are ersatz perfumes and colognes. This territory was covered well in Big Secrets. Bottles, celebrity sponsorship and advertising are much more expensive than the chemicals used to make it. This is true even if the original rare ingredients of rose oil or musk are used instead of a synthetic version. There is little doubt which you would get at the dollar store.

But what us the legality if making a product, a cheap copy, and embossing it with “Our Version of Drakkar Noir by Guy Laroche” or any other perfume or cologne. It’s been around for decades, so obviously is oermitted. But even though the local grocer sells saddle shaped potato chips that look a lot like Pringles, they almost never refer to that product on the store version- although they do not have to since it is obvious. You don’t know it is a copy of a perfume until they tell you. But clearly they can.

So what are the legalities of this? Can I make and sell a Cinnabon or KFC scent if I want to? Law is local, but your knowledge of any place is valued.

There are precedents, like in the Dutch Supreme Court, 2006, ruling that perfumes are copyrightable, so that is one angle of attack against you should you literally copy the list of ingredients. Of course a “cheap copy” or a pastiche may not incur that risk. Cf. a more recent ruling by the French Supreme court that perfume is not copyrightable.

Usually they don’t claim to be a version of the other product. What I see mostly is “Compare to (other product)”, which is a lot vaguer.

Okay. But in Canada they do say “our version of (this) by (origjnal company)”. This is not at all vague. Maybe some store-brand copies are easy to detect, and probably sometimes (far from always) made by the original company. This is not the case for perfumes where the same company copies many much more expensive ones, with varying levels of success.

But you don’t see it so much in other areas. Victory! Our version of Nike sneakers. Nor Arnoldite Luggage Our version of Samsonite…

I have never smelled any of these copycat scents that were within a hundred miles of the original. So, that’s probably how they get away with it.

But if you were the company making the good stuff, would that not annoy you more? If their version of My Preciousss smells like bats piss?

Probably, but unless there’s any real risk of consumer confusion or trademark erosion, it’s likely not worth the company’s time to do anything about it (assuming that something could even be done).

And, assuming that My Preciousss is an expensive perfume, it’s pretty likely that their target audience isn’t shopping for perfumes at Dollar Tree.

Perhaps they are looking fir a cheap birthday gift? But I see your point.

Firstly, I don’t tend to buy perfume as a present, as I feel it’s rather personal. I know that I’m very picky about scents, and I make the assumption other people are, too. Secondly, all the fakes I’ve smelled are vile. I’d never buy one for myself or anybody else!