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Trade mark law update - Stella McCartney when 'Nude' goes to court

Written by Michael Coyle on 14 August 2009

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The press were drooling this month as Stella McCartney was sued by a cosmetics company owned by Ali Hewson aka Bono's wife.

The dispute concerns use of the word Nude.

A company spokesman said "We can confirm that proceedings have been issued by Nude brands against both YSL Beaute (part of L'Oreal), the licensee for our fragrance and beauty business, and Stella McCartney Limited. We can confirm that the allegations are being defended vigorously on our side. The Stella McCartney brand is continuing to grow and expand across the various facets of the business".

If Mrs Hewson et al are to be successful she will have to establish that :-

1. McCartney has infringed the registered trade mark as McCartney's trademark is being used in the course of trade and this trade mark is identical with the Claimant's trade mark in relation to identical goods or services which are identical.

OR

2. McCartney has infringed the registered trade mark as McCartney's trade mark use results in a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.

OR

3. McCartney has infringed the registered trade mark as McCartney's trademark use has infringed as Hewson's trade mark has a reputation in the United Kingdom and the use of McCartney's sign, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the registered trade mark.

Watch this space!

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