Nude Brands Ltd.v Stella MccArtney Ltd & Ors [2009] EWHC 2154 (Ch) (20 August 2009)

Nude Brands Ltd.v Stella MccArtney Ltd & Ors [2009] EWHC 2154 (Ch) (20 August 2009)

The application for an interim injunction was refused because, although there was a triable issue as to validity and infringement, the balance of convenience favoured the defendants. The likely damage to the defendants if an injunction was wrongly granted outweighed the potential harm to the claimant if it was refused. The risk of irreparable harm to NBL was small, and any confusion or loss of exclusivity was minimal, whereas the defendants would suffer significant commercial loss if the launch was prevented.

Citation
[2009] EWHC 2154 (Ch)
Parties
Claimant: Nude Brands Limited; First Defendant: Stella McCartney Limited; Second Defendant: YSL Beaute Limited; Third Defendant: L'Oreal (U. K.) Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2009
Procedural Posture
Interim Injunction Application in Trade Mark Infringement Proceedings / Interlocutory (application for Interim Injunction and Expedited Trial)
Outcome
Application for interim injunction and expedited trial dismissed
Legal Topics
Interim Injunctions, Community Trade Mark Infringement, Likelihood of Confusion, Balance of Convenience, Validity of Trade Marks
Intellectual Property Trade Marks Interim Injunctions Community Trade Mark Infringement Likelihood of Confusion Balance of Convenience Validity of Trade Marks

Case Brief

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Parties

Nude Brands Limited

Claimant

Stella McCartney Limited

First Defendant

YSL Beaute Limited

Second Defendant

L'Oreal (U. K.) Limited

Third Defendant

Procedural Posture

Interim Injunction Application in Trade Mark Infringement Proceedings / Interlocutory (application for Interim Injunction and Expedited Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the defendants from infringing Community Trade Mark Registration No 5 781 745 for 'NUDE' by use of 'STELLANUDE' on perfume products
  2. 2 Whether there is a triable issue as to validity and infringement of the trade mark
  3. 3 Whether the balance of convenience favours the grant of an interim injunction

Ratio Decidendi

The application for an interim injunction was refused because, although there was a triable issue as to validity and infringement, the balance of convenience favoured the defendants. The likely damage to the defendants if an injunction was wrongly granted outweighed the potential harm to the claimant if it was refused. The risk of irreparable harm to NBL was small, and any confusion or loss of exclusivity was minimal, whereas the defendants would suffer significant commercial loss if the launch was prevented.

Court Disposition

Application for interim injunction and expedited trial dismissed

Orders

  • Interim injunction refused
  • Application for expedited trial refused