Stella McCartney wins right to launch StellaNude fragrance
NBL manufactures a range of skincare products under the Nude Skincare brand and claims it has plans for a fragrance product in the future.
The London-based company took issue with the imminent launch of Stella McCartney’s fragrance, claiming that the use of the word Nude was a trademark infringement on its brand.
A London judge has ruled that while NBL may win in the trademark trial set to take place some time next year, it was not appropriate to block the launch of the StellaNude fragrance nor bring the trial date forward.
‘Massive disruption’ to YSL if launch blocked
The Honorary Mr Justice Floyd ruled that blocking the fragrance launch, which is planned for this weekend, would cause a ‘massive disruption’ to the business of Stella MaCartney and brand holder Yves Saint Laurent Beauté (L’Oreal).
Furthermore, the judge ruled that damage to NBL and its brand at this stage is likely to be minimal.
“The risk of confusion between NBL's products and SML's [Stella McCartney Limited] is, in my provisional view, small,” he said.
“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,” he added.
Nevertheless, the case will go to trial next year to decide whether Stella McCartney’s use of the word Nude constitutes a trademark infringement, and as Mr Justice Floyd noted, ‘everything will turn on the evidence at trial,’
NBL has issued a statement highlighting the fact that the judge, although not calling for the fragrance launch to be cancelled, said the trademark infringement claim was arguable.
