Trademark Infringement Case of Nude Skincare and Stella Nude by Stella McCartney Ltd.

LONDON - There has been significant public interest and media coverage around this case over the last few days. For legal reasons, Nude has been unable to comment or make any statement until today.

Nude was founded by Bryan Meehan and Ali Hewson. Bryan originally co- founded Fresh & Wild, the UK’s largest chain of Natural and Organic stores. Nude was created as a pioneering natural skincare range and is known for its innovative use of pre and probiotics.

Nude applied for and successfully registered the pan-European Community Trademark (CTM) for the word ‘Nude’ to be used as a trade mark specifically for perfumery and skincare, as well as for other products.

In May 2008, when asked for permission to use the trade mark ‘Nude’ for a Stella McCartney perfume, Nude - though great admirers of Stella McCartney - respectfully refused as a Nude scent is forthcoming.

Nude considers the launch of ‘Stella Nude’ by L’Oréal to be a clear infringement of Nude’s trade mark. To protect their brand, Nude was forced to take the matter to the English High Court.

On August 20th, the High Court confirmed that Nude has a clearly arguable claim of trade mark infringement against the Stella Nude perfume. The judge also rejected L’Oréal’s arguments that Nude’s trade mark in relation to perfume was obviously invalid saying he was not convinced ‘Nude’ was descriptive of perfume. Nude was not granted an interim injunction to prevent the launch of Stella Nude because of the harm that would cause to L’Oréal due to the imminent launch, but the judge concluded that whilst Nude, “may ultimately prevail at the trial, it seems to me that an injunction and damages at that stage, though far from perfect as remedies, are more likely to be able to restore [Nude] to their rightful position.”

A trial of Nude’s claim will take place next year.

Source: Nude Skincare

For any further information please contact: Julietta Dexter / Sam Stokes at The Communications Store Ltd., Julietta at tcs-uk.net / sam at tcs-uk.net; Tel: +44-207-938-1010