In recent years, looking at the prospect of the fragrance market and the speed of the outbreak, major beauty giants have entered the market and have shown their fragrance cards in the Chinese market, and Estée Lauder is no exception.
At present, among the 21 brands of the Estée Lauder Group, in addition to the comprehensive beauty brands such as Tom Ford and Estée Lauder, which have successfully launched fragrance lines, the group also has 4 professional fragrance brands, namely Jo Malone London, Frederic Malle, Kilian Paris and Le Labo.
Among them, the first four brands have entered the mainland market one after another, but the niche high-end fragrance brand Le Labo (known to Chinese consumers with the nickname "Fragrance Lab") has not yet officially entered China.
But recently, some netizens have constantly shouted on social platforms that "I bought fake goods on the official website of Le Labo", what is going on?
01
Le Labo or "LeRabeau"?
Multiple consumers "fooled"
On Baidu, a mainstream search platform, type in the brand name "Le Labo", and at the top of the search page, you can see the eye-catching "LE LABO flagship store丨Limited time privileges, buy perfume now" guide words.
After entering the official website of "LE LABO", you will be greeted by the simple appearance of transparent glass bottles and the naming of perfumes named after numbers, all of which are very similar to the famous niche high-end fragrance brand Le Labo.
According to the official website of "LE LABO", consumers can not only buy classic models such as Le Labo's Sandalwood Santal 33, but also buy Le Labo's city-limited models, such as Tokyo's guaiac Gaiac 10.
At the same time, the price of perfume also maintains the "high luxury" of Le Labo, with prices ranging from 1080 yuan to 3850 yuan.
At the bottom of the website, there are also links to the websites of Hermes, Lamer, Louis Vuitton and other brands. According to its official website information, the official website is operated by Taizhou Xiaogua Network Technology Co., Ltd.
THE MOST STRIKING THING IS THAT ON THE HOMEPAGE OF THE OFFICIAL WEBSITE, THE BRAND SPECIALLY POSTED TWO TRADEMARK REGISTRATION CERTIFICATES, AND MARKED AT THE SAME TIME THAT "LE LABO FRAGRANCE LIMITED IS A BRAND OF LE LABO FRAGRANCE LIMITED IN HONG KONG, WHICH HAS BEEN APPROVED BY THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA TO OBTAIN A TRADEMARK REGISTRATION CERTIFICATE, AND APPROVED THE USE OF CLASS 3 TRADEMARKS LE LABO (REGISTRATION NUMBER: 38970111) AND CLASS 42 TRADEMARK LE LABO (REGISTRATION NUMBER: 38761063), With the authorization of the registered trademark right holder, our company enjoys the exclusive right to use Chinese mainland registered trademark. ”
The brand also stated that "for malicious slander of our registered trademark and the exclusive right to use a registered trademark in a public network environment, public places, etc., our company will collect evidence and reserve the right to pursue relevant legal responsibilities." ”
A search of social platforms found that many consumers have shopped at "LE LABA" and called them "deceived".
Some consumers said in October that the so-called "LE LABO" official website was suspected of deliberately confusing consumers by using similar trademarks, websites and products, and could not contact the "LE LABO" brand for after-sales after purchase.
More consumers also said on social platforms the day before yesterday (December 10) that after shopping on the official website of "LE LABO", the brand was also suspected of threatening consumers by sending text messages, "the phone does not answer customer service and does not return." Because the merchant refused to return the product and refund on the grounds of customization, the origin of the product was shown as Qingdao, China, and the netizen has reported to the Qingdao Market Supervision Bureau.
WHAT IS THE RELATIONSHIP BETWEEN LE LABO AND LE LABO FRAGRANCE LIMITED IN HONG KONG AND THE ESTÉE LAUDER GROUP?
The CBO reporter hereby seeks confirmation from the group, and as of press time, The Estée Lauder Group has not responded. However, according to industry insiders close to Estée Lauder, there is currently no official sales channel for the Le Labo brand in Chinese mainland.
02
"Lelabau" is produced in Qingdao
The trademark is declared invalid
The CBO reporter searched for the Class 3 trademark Lelabo (registration number: 38970111) in the Trademark Office of the State Intellectual Property Office and found that the trademark applicant was Zhang Gaorui. The trademark was filed on June 19, 2019, and from January to June 2022, the trademark status was "Invalidated".
It is reported that the invalidation of a registered trademark refers to the system in which the competent trademark authority declares a registered trademark invalid in accordance with legal procedures for a registered trademark that should not be registered in violation of the provisions of the Trademark Law.
The invalidation of a registered trademark can be divided into two types, the first is invalidity due to violation of absolute invalidity, and the second is invalidity due to violation of relative invalidity. Articles 44 and 45 of the Trademark Law clearly stipulate the causes of invalidity, including "violating Article 4 of the Trademark Law by not applying for registration in bad faith for the purpose of use", "obtaining registration by deception or other improper means", "violating the second and third paragraphs of Article 13 of the Trademark Law, infringing unregistered well-known trademarks or registered well-known trademarks".
At present, the status of the trademark "Lelabau" is "Cancellation / Invalidation Application Reviewing". This also means that the trademark "Lelabau" is declared invalid by the Trademark Office; Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
Similarly, when searching for the Class 42 trademark LE LABO (registration number: 38761063), the trademark also shows "Cancellation / Invalidation Application under Examination".
The search results of the Trademark Office of the State Intellectual Property Office also show that since 2019, Zhang Gaorui and Zhang Zhongtai have continuously registered trademarks under the names of "Lelabo" or "LE LABO". Mrs. Zhang is a legal person of Lelaber Cosmetics (Qingdao) Co., Ltd., and the small and micro enterprise currently shows abnormal operation. Zhang Gaorui is the legal representative of Leleber (Qingdao) Trading Co., Ltd.
It is worth noting that since 2011, LE LABO HOLDING LLC has been continuously registering the "LE LABO" trademark, and the information provided by the company is consistent with that of Le Labo, the true owner of Le Labo, a brand owned by Estée Lauder.
AT THIS POINT, IT HAS BEEN CLEARLY CONCLUDED THAT "LE LABO" AND "LE LABO FRAGRANCE LIMITED IN HONG KONG" HAVE NOTHING TO DO WITH THE ESTÉE LAUDER GROUP. The products sold on the official website are not real Le Labo products. I am afraid that this is another trademark squatting case before a foreign-funded brand has entered China.
In recent years, due to the blurring of the boundary of intellectual property rights and the speculative psychology of some people, intellectual property rights have been abused by some right holders, and many people have exploited the "loophole" of foreign beauty brands entering China to preemptively register big-name trademarks in China, making them a tool to illegally plunder market share.
THERE ARE MANY EARLIER EXAMPLES, DUE TO THE PREEMPTION OF THE "3 CONCEPT EYES" NAME, THE SOUTH KOREAN MAKEUP BRAND 3CE, WHICH WAS ACQUIRED BY L'ORÉAL, HAD TO ENTER THE CHINESE MARKET UNDER THE NAME 3CE STYLENANDA. In addition, the Japanese sunscreen brand ANESSA changed its name to "Anjesha", and the Korean makeup brand ETUDEHOUSE changed its name to "Iti House".
In 2020, a Chinese company holding the trademark "Paula's Choice" sued the American cosmetics brand "Paula's Choice" for trademark infringement, and was sentenced by the Shanghai Pudong New Area People's Court for "malicious preemption, malicious complaints, and compensation for losses of 200,000 yuan". The successful rights protection of "Paula Treasure Selection" will give Le Labo and Estée Lauder more references and references.
03
I can't call it out
Estée Lauder's "King Fried" that has not appeared for a long time
Le Labo, founded by two former L'Oréal employees, Edouard Roschi and Fabrice Penot, opened its first store in New York in February 2006, with the idea of relying on pure ingredients and customizable perfumes in the store.
The word Le Labo means "laboratory" in French, and the creation of perfumes is inspired by the novelties of perfumers in the process of studying scents. All Le Labo fragrances can be blended in-store, and each lab worldwide can provide 23 characters to be custom printed on customer-made Le Labo creations. The brand defines BA as a "lab technician" who can engrave the customer's initials on the product and indicate the date and location of manufacture. Therefore, each fragrance is unique.
No formal investor funding, no advertising, lab-style store presentation, minimalist and aloof brand design, leadership in environmental protection, culture, community spirit and other values – all of this constitutes a rebellion against the norms of the beauty industry.
Le Labo is expensive, and the brand's most out-of-the-loop sandalwood Santal 33 official website costs 219 euros (about 1604.96 yuan). At present, the brand's product line includes scented candles, incense, body care and other fields, the main sales channels are department stores and concept stores, and now, Le Labo has more than 40 flagship stores around the world. Some products can also be found in high-end hotels in China.
In 2014, Le Labo was acquired by The Estée Lauder Companies.
Joining ELC, Le Labo continues to excel. In fiscal 2022, The Estée Lauder Group's fragrance segment surged 30% to US$2.508 billion (approximately RMB 17.5 billion) for the full fiscal year, ranking first among all business segments. Among them, Joe Malone, Tom Ford and Le Labo all achieved strong double-digit growth, led by all three to increase net sales in all regions and in each fragrance brand.
In recent years, China's perfume market has ushered in a period of vigorous development, and major perfume brands have entered China. Especially catalyzed by the epidemic, the lipstick effect of China's beauty market is gradually replaced by the perfume effect, iMedia Consulting released the "2022-2023 China Olfactory Economic Development Trend and Business Opportunity Research Report" data shows that the global perfume market size in 2021 reached 46.5 billion US dollars, China's perfume market retail sales reached 10.9 billion yuan, and is expected to reach 30 billion yuan by 2025.
Therefore, it can be seen that major foreign giants have introduced niche high-end perfume brands to China.
Before Jo Malone London lit up the financial report, then there was Frederic Malle of Fuller Perfume Publishing House, and Kilian Paris quickly opened offline independent boutiques in Shanghai to seize the high-end salon perfume consumer market. Just last month, Estée Lauder acquired Tom Ford for $2.8 billion, further cementing its position in perfume and fashion.
At present, in the field of high-end perfumes, the competition between domestic niche brands and salon brands mainly revolves around brands such as Caron, Creed, Panheiligen and Byredo. Thanks to the Santal 26 and Santal 33 fragrances and the city-only collection launched every year, Le Labo may also be able to gain a place in the high-end fragrance segment.
Throughout 2022, there has been continuous industry news that The Estée Lauder Group has begun to officially file its niche perfume brand Le Labo with the domestic Food and Drug Administration. There are rumors that the first store of the brand Chinese mainland is about to land in Xintiandi, Shanghai, and the relevant personnel recruitment has already begun.
It can be guessed that Le Labo, which has a wide audience in the domestic fragrance circle, has stories to tell, scenes to present, and popularity to open the way, is a "king fried" that has not appeared in the Estée Lauder luxury perfume camp.
But when a series of more high-end and niche brands such as the British niche healing fragrance brand Vyrao, known as the "world's most mysterious fragrance brand" Jar, and the UK's top independent fragrance brand Roja Parfums enter China in the future, it is foreseeable that Le Labo's battle in the Chinese market may be beginning.