The Scent of Confusion: How Smell-Alikes and Decanting Practices Threaten Luxury Fragrance Brands

Luxury fragrance brands are increasingly affected by business practices that fall into a legal gray area but still damage brand value. These practices include marketing products as “similar to” or "inspired by" famous scents as well as repackaging authentic perfume through decanting. While neither practice involves outright counterfeiting, both can blur brand identity, mislead consumers, and weaken the exclusivity that defines luxury goods.

So-called smell-alike perfumes are designed to evoke well-known fragrances without copying trademarks directly. Sellers often rely on suggestive product names, similar packaging, or familiar marketing language to trigger consumer recognition. Even without logo use, this conduct can still raise legal concerns when it creates a misleading impression of connection to the original brand or copies distinctive visual elements.

Decanting presents a different set of issues. Although reselling genuine goods is usually lawful, that protection has limits. Problems arise when sellers highlight branding in a way that implies authorization or when the repackaging process alters the product’s quality. Such practices can expose the seller to legal risk and harm the brand’s reputation.