Can a Perfume be Art or is L’Oréal Going Too Far?

Can a fragrance be granted copyright protection?

That's a battle that it seems L’Oréal is tryin to wage. See: What's that smell? It's art, says L’Oréal

According to L’Oréal, 23 of the 26 most important chemicals used to create Trésor were used in a Kecofa fragrance called Female Treasure. While Trésor retails at about £40, Female Treasure costs about £3.

Since the perfume is not an exact copy, patent law and trademark law may not apply. So it seems the company is making a copyright claim in their battle against the knockoff scent.

Nonsense. Total nonsense. Are smells and tastes going to see a rush of people claiming copyright protection?

Complete nonsense.

Except that the Dutch Supreme Court agreed with L’Oréal.