A BID by a company linked to Ali Hewson to block this weekend’s launch of Stella McCartney’s latest perfume failed yesterday at the high court in London.
The legal move was made by Nude Brands Ltd (NBL), which is run by eco-entrepreneur Bryan Meehan and Ms Hewson, who is married to Bono.
Fashion designer McCartney’s launch of her new eau de toilette, STELLANUDE, is scheduled in the UK for tomorrow.
NBL sought an interim injunction pending a full trial of its claim for alleged trademark infringement because of the use of the word “nude” in capital letters.
Nude Brands is the owner of a registered trademark for the legend NUDE for a large range of goods and services, including cosmetics and perfumery.
Mr Justice Floyd said the company’s application for an interim injunction was to restrain Stella McCartney Ltd (SML), YSL Beaute Ltd, and L’Oreal (UK) from “infringing” the trademark registration “for the word ‘NUDE’ by applying the sign ‘STELLANUDE’ to perfume products”.
Ruling on the application, he said: “I have come to the conclusion that the balance of injustice in this case requires me to refuse the injunction.
“It seems to me that, in this particular case, the likely damage to SML and L’Oreal if an injunction is wrongly granted outweighs the damage to NBL if it is refused.”
He said: “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.”
A full trial of the action – unless the parties settle in the meantime – is expected to be heard next year.
An interim injunction would have meant the launch of the new perfume being postponed pending the dispute being fully aired in court.
Mr Justice Floyd said that currently NBL’s range includes cleansers, moisturisers, eyecare products, face masks, body lotions and supplements.
It has not marketed a NUDE perfume, but “intends to do so”.
The judge said NBL’s products were sold in the “mid to high end of the market, at retail outlets such as Harvey Nichols, Selfridges and Space NK”.
NBL’s products had achieved UK sales on a retail basis of about £150,000 (€173,000) in 2007/2008, £420,000 in 2008/2009 and £140,000 in the first quarter of 2009/2010.
Mr Justice Floyd said: “It is clear that the intended launch of the STELLANUDE products is to be on a substantial scale.
“Some €4.8 million worth of product at wholesale prices has been manufactured for worldwide distribution.”
The judge said SML’s evidence was that all the arrangements for the launch of the product had been made, cancellation deadlines for much of the advertising had passed, and 26,000 units of the product were in retailers such as Boots and the Perfume Shop.
Preventing the launch would cost the defendants “many millions” of pounds in lost investment and bring about “an incalculable loss to the goodwill and reputation of the defendants in the industry, with the media and in the minds of consumers”.
The judge said he considered NBL’s case of trademark infringement to be “plainly arguable” – and ruled that “equally the defence is arguable”.
He said: “As is often the case, everything will turn on the evidence at trial.” – (PA)