L’Oréal must therefore stop selling its Smartbond hair products from this week, in compliance with an injunction granted by the High Court.
The Supreme Court rejection last week, on the grounds the application ‘does not raise an arguable point of law of general public importance’, brings to a close a major part of litigation between Olaplex and L’Oréal that began in 2016. The courts are still to make a decision on damages.
Santa Barbara company Olaplex launched its Bond Multiplier product, developed by two chemists in a garage and designed to protect hair during bleach treatments, in 2014. L’Oréal launched its competing Smartbond product in 2015. Olaplex brought patent infringement proceedings, succeeding in the High Court and Court of Appeal, L’Oréal v Olaplex [2019] EWCA Civ 1943.
Dominic Hoar, senior associate at Hogan Lovells, which acted for Olaplex, said: ‘We are delighted with the decision by the Supreme Court, which means that Olaplex can finally look forward to some redress for L'Oréal's infringing acts.
‘The decision shows that the UK courts will protect true innovators, no matter the size of the infringer or how strong its willingness to fight.’
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