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NUDE BRANDS LTD v (1) STELLA MCCARTNEY LTD (2) YSL BEAUTE LTD (3) L'OREAL (UK) LTD

It was not appropriate to grant an interim injunction to restrain a fashion company from using the sign STELLANUDE on perfume products even though it was arguable that the company's use of the sign infringed a cosmetics company's Community Trade Mark of the word NUDE, as the likely damage to the fashion company in terms of financial cost, goodwill and reputation by delaying the imminent launch of the perfume product in question outweighed any damage to the cosmetics company in allowing the launch to proceed.

8 September 2009

The applicant company (N) applied for an interim injunction to restrain the respondent companies (S, Y, L) from infringing its Community Trade Mark for the word NUDE by applying the sign STELLANUDE to perfume products. N's trademark of the word NUDE was registered for a large range of goods and services including cosmetics and perfumery. Its range at the time could be regarded as skin care products, and although it intended to market a perfume in the future such a product was not imminent. N's products were sold in the mid to high end of the market and were marketed as being free of synthetic ingredients. In addition, N had previously granted a licence to a fashion company to market a limited range of products under the mark NUDE. S was principally a fashion company that made and sold women's clothing. S had, together with Y, also sold perfume products under the brand name STELLA and SHEER STELLA. S and L were proposing to sell a new eau de toilette and scented linen spray. The resp...

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