Designer Stella McCartney has won the right to continue with the launch of her “Stellanude” perfume range.
The High Court dismissed an application by cosmetics company, Nude Brands Ltd (NBL) for an interim injunction against Stella McCartney Ltd (SML) on the basis of trademark infringement.
Delivering judgment in the case, Nude Brands Ltd v Stella McCartney Ltd Mr Justice Floyd 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’Oréal if an injunction is wrongly granted outweighs the damage to NBL if it is refused. Whilst NBL 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 them to their rightful position than an award of damages under the cross undertaking to SML.
“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. The likely damage to SML and L’Oréal if an injunction is wrongly granted outweighs the damage to NBL if it is refused.”
Floyd J pointed out that the term “nude” had recently been used in the fashion industry to describe a look of effortless sophistication. SML had been particularly associated with this trend, he said
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