Here is a link to an article about a ruling from the Dutch Supreme Court ruling that there is copyright protection for a fragrance, and that it was infringed. Plaintiff L'Oreal has a fragrance "Tresor." Defendant Dutch company Kecofa put out a supposedly similar fragrance "Female Treasure." (No comment from me about that).
According to L'Oreal, 23 of the 26 most important chemicals used to create Tresor were used in Female Treasure. Tresor not surprisingly retails for a much higher amount. Leon Meels, a spokesman for Kecofa, is reported as saying: “Everybody who knows anything about this thinks it is ridiculous. Where are the boundaries? Are companies going to claim that they have the rights to the taste of vanilla or the smell of lilies? L’Oréal’s real problem with us is that we are offering a product that is too inexpensive and they have to protect their profits.”
There would be no claim under U.S. copyright law, so does this mean we Americans will be able to smell better for less internationally, finally?