Stella McCartney Wins First Battle In 'Nude' Trademark War

by Robin Pilgrim, LawAndTax-News.com, London

24 August 2009

Nude Brands Limited (NBL), the company linked to Ali Hewson, the wife of U2 singer Bono, has lost its initial bid to prevent fashion designer Stella McCartney from launching her own brand of perfume, which also bears the word ‘nude.’

NBL, which makes the Nude Skincare products and was founded by Hewson and eco-entrepreneur Bryan Meehan, had sought an injunction against Stella McCartney Limited (SML), part of the L’Oreal cosmetics and beauty group, to block the daughter of ex-Beatle Sir Paul McCartney from using the brand name STELLANUDE on her new perfume, claiming that it has applied for and successfully registered the pan-European Community Trademark (CTM) for the word 'Nude' to be used in skincare, perfumery and other products.

However, Mr Justice Floyd said in a High Court ruling on August 20 that while Nude Skincare may well have a valid case, he could not grant an interim injunction restraining SML and L’Oreal from using the NUDE (in capital letters) trademark because the likely damage to these companies would outweigh the damage to NBL as a result of a refused injunction, given the imminent launch of the perfume.

“I have come to the conclusion that the balance of injustice in this case requires me to refuse the injunction,” he said.

Justice Floyd took note of the fact that SML was due to launch STELLANUDE perfume on August 22 and that more than GBP4bn had already been spent manufacturing and distributing the product. “The effect of an injunction wrongly granted against SML would be to cause a massive disruption to their business, and probably cause them to abandon use of the brand altogether,” he said.

An interim injunction would have meant the launch of the new perfume being postponed until a full court ruling next year.

Recommended