Sweet smell of success for Stella McCartney as Nude Brands fails to stop launch of STELLANUDE Eau de Toilette

Nude Brands Limited (NBL), a cosmetics company co-founded by Ali Hewson (wife of U2’s Bono), has been refused an interim injunction to prevent the launch of STELLANUDE by Stella McCartney Limited (SML).

NBL owns a Community trade mark for NUDE and sells a range of skincare products under the brand which has become synonymous with sustainable, ethical values. It has never marketed a perfume but intends to do so in the future.

SML is proposing to launch an eau de toilette under the name STELLANUDE, a name that NBL claims violates its trade mark and the goods for which it is registered.

Whilst a full trial is yet to be heard, the High Court has refused the interim injunction, stating that the potential harm to the defendant, were the injunction to be granted, was greater than would be suffered by the claimant. The financial implications to SML should the launch of STELLANUDE be delayed were great, including loss during the Christmas selling period. Mr Justice Floyd stated that “The risk of confusion between NBL’s products and SML’s is, in my provisional view, small. The purchaser will know that she or he is purchasing an SML perfume and the evidence does not show any real basis for supposing that a customer would be led into thinking that some form of association had been created between NBL and SML”.

Also considered was the fact that NBL had already licensed its NUDE mark to Christian Dior in relation to range of products that were closer to their core business of skincare than the present product.

If you have any questions relating to this article or any other trade mark or brand related issue, please contact any member of our Brand Guardianship team at brandguardianship@boyesturner.com or on +44 (0)118 952 7247.

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