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Lawsuit over Stella Nude

Posted by Robin on 12 August 2009 53 Comments

The founders of Nude Skincare are suing Stella McCartney’s company for the use of the word “nude” in her new fragrance, Stella Nude, according to the Daily Mail.

Ali Hewson, who is married to U2’s Bono, and Bryan Meehan, who founded organic food chain Fresh and Wild, are suing Stella McCartney Parfums for compensation over branding and use of the word “nude”.

— Read more at Stella sued by Nude over perfume name at Cosmetics International.

Filed Under: perfume in the news
Tagged With: lawsuit, stella mccartney

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53 Comments

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  1. Heiress says:
    12 August 2009 at 11:45 am

    Oh, that’s not good. I really, really like ‘Nude’ as a name for her new offering, but I guess she’ll probably change it now. It is, however, NOT a lighter EDT version of ‘Stella’, as stated in that article.

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    • Robin says:
      12 August 2009 at 11:56 am

      I’m not a lawyer, but don’t see why she should have to change the name…seems to me to be too common a word for anyone to prevent anyone else from using it.

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      • Karin says:
        12 August 2009 at 12:02 pm

        Agreed! Plus, it’s not a brand name – i.e., Stella is the brand, Nude is a product. I can imagine it would be a problem if she were trying to create a company called Nude Fragrances or something. I’m not a lawyer either, but it seems like Stella will win this one!

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        • pigoletto says:
          12 August 2009 at 12:32 pm

          These things seem more borned out of ego than anything else. Remember when Robert Redford sue that little diner, I think because their name was Sundance diner or cafe or something. He just looked ridiculous. I get the feeling celebrities or those in the correct circles seem to think that it is only right and proper that everyone should (in a stampy foot tantrum sort of way) only associate them with whatever word or words they’re trying to lay claim to. I guess when you’re surrounded by so many ‘yes men/women’ that you completely lose your grip on reality.

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          • Robin says:
            12 August 2009 at 1:22 pm

            Agree with all of that! Forgot about the Sundance story.

          • pigoletto says:
            13 August 2009 at 3:16 am

            I mean, borne. ‘borned’ – eek!

          • pigoletto says:
            13 August 2009 at 3:17 am

            or born, even. holy cow I need coffee.

  2. Nina says:
    12 August 2009 at 11:47 am

    Why pick on Stella McC? Loads of other companies have got big Nude lines at the moment, including Dior and YSL itself. And those are cosmetics, a greater threat to a skincare brand than a perfume flanker. Seems bizarre to me.

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    • Robin says:
      12 August 2009 at 11:56 am

      Yep, exactly.

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  3. pigoletto says:
    12 August 2009 at 11:51 am

    The woman is an unmitigated a**. I hope that lawsuit gets laughed right out of court. Some people have too much money and too much ego to ever take seriously.

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    • Robin says:
      12 August 2009 at 11:57 am

      Don’t know her, but agree in theory — it’s quite silly.

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  4. ceelouise says:
    12 August 2009 at 11:59 am

    This strikes me as a ridiculous lawsuit! I am not impressed with Bono’s wife.

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    • pigoletto says:
      12 August 2009 at 12:28 pm

      humbleness and common sense appear to diminish in direct proportion to increased wealth and fame (or one’s husband’s wealth and fame..). Someone should send her a full list of every beauty and fragrance product on the market with nude in the name and suggest that you know, just to be consistent, she ought to sue each and every one of them.

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    • Robin says:
      12 August 2009 at 1:22 pm

      Agree. I had never heard of her, now I’m not impressed with her either.

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    • boojum says:
      12 August 2009 at 3:28 pm

      His wife, nor him, either. He annoys the bejeezus out of me. I wonder if there’s an undercurrent of Beatles envy there… a secret feud between the Beatles and U2, perhaps?

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  5. Daisy says:
    12 August 2009 at 12:09 pm

    Well, this is really going to throw a wrench into the art world….sculptors and painters will now have to create pieces labelled as “persons of various genders without cloth coverings” since the word “nude” now should be for the exclusive use of Ali Hewson. ….silly me, I’m just so unobservant, I never noticed that little patent mark “R” next the word nude…..
    What a ridiculous ploy for a bit of press coverage! In fact I’d like to see Ali Hewson get a hefty fine for irresponsible waste of the court’s time.

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    • RusticDove says:
      12 August 2009 at 12:17 pm

      LOL

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    • Robin says:
      12 August 2009 at 1:23 pm

      HA!

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  6. krokodilgena says:
    12 August 2009 at 12:25 pm

    thats ridiculous

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    • Robin says:
      12 August 2009 at 1:23 pm

      Yes.

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  7. Ayala says:
    12 August 2009 at 12:43 pm

    What about Bill Blass’ Nude fragrance? They should sue him too 😉
    Or better yet, Bill Blass should sue Stelle McCartney because his scent came first and there could be more confusion among consumer between his scent and Stella Nude.

    The whole idea of trademarking is to make a disctinct identity that will not confuse the consumer. i.e.: associated the word “nude” with the product “perfume”. But since their company is making cosmetics, it looks like the only reason they’re doing it is to get more attention. I doubt they will win this case but we shall see.

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    • pyramus says:
      12 August 2009 at 12:49 pm

      You beat me to it! Bill Blass had a triad of scents: Nude, Hot, and Basic Black. His estate should sue the bejesus out of Benetton (they had a pair of scents, Hot and Cold), Givenchy (Hot Couture), Ralph Lauren (Ralph Hot), and Davidoff (Hot Water). For starters.

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    • Robin says:
      12 August 2009 at 1:24 pm

      Strictly speaking, the scent itself is called Stella Nude…it’s a flanker to Stella, not a new scent. And guessing that perhaps Bill Blass doesn’t own the name Nude either!

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    • dissed says:
      12 August 2009 at 4:43 pm

      Glad I read this before I said the same . . . let them all sue each other. Then they can sue over “eau de toilette” and “eau de parfum” on the bottle. Who had it first? They should definitely sue.

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  8. Louise says:
    12 August 2009 at 12:47 pm

    This nude-to-do makes me nervous to take a shower 😉 Besides Blass, what about Bijan, and the EL Amber Nude-are they willing to take on the Big Guys? Silly-ness, completely.

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    • Daisy says:
      12 August 2009 at 1:11 pm

      well, for heaven’s sake—make sure you’re not NUDE for your shower or you’ll get served papers for sure! Perhaps, as you step into the shower—shout out as loud as you can : I’M FULLY CLOTHED!!!!

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      • TwoPeasInAPod says:
        12 August 2009 at 1:14 pm

        Or just wear cut-offs, like Tobias Fünke, the never-nude from Arrested Development!

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        • miss kitty v. says:
          12 August 2009 at 1:35 pm

          But she’d probably still sue you over the term “Never-nude.”

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      • RusticDove says:
        12 August 2009 at 3:50 pm

        ROTFL

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  9. RusticDove says:
    12 August 2009 at 1:02 pm

    Meritless, frivolous lawsuit – what ridiculous waste of time and resources. This really does make Bono’s wife look petty and small.

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    • Robin says:
      12 August 2009 at 1:24 pm

      Sure does.

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  10. miss kitty v. says:
    12 August 2009 at 1:06 pm

    I grew up with an Ali Hewson. Maybe she should sue Bono’s wife for stealing her name. Everything is now fair game, apparently.

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    • Daisy says:
      12 August 2009 at 1:12 pm

      LOL!!!!! 😀

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    • krokodilgena says:
      12 August 2009 at 1:15 pm

      There are 2 girls at my school with the same name as me. One of them is a year older but had a different last name until she was like 12. The other one is younger.
      So I had it first D:<
      I'm suing both of them

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      • Daisy says:
        12 August 2009 at 4:23 pm

        uh-oh, now I’m worried about all the other “Daisys” on MUA—what if they sue me for being Daisy????

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        • miss kitty v. says:
          12 August 2009 at 6:18 pm

          Beat them to it! You should sue THEM!

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          • Daisy says:
            12 August 2009 at 7:23 pm

            yeah, I could add something for my pain and suffering too! The loss of my sense of individuality when I learned there were so many IMPOSTERS!

    • Robin says:
      12 August 2009 at 1:24 pm

      Excellent!

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  11. TwoPeasInAPod says:
    12 August 2009 at 1:17 pm

    This lawsuit sounds like the biggest publicity grab ever.

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    • Robin says:
      12 August 2009 at 1:25 pm

      Can’t see that it’s good publicity, but I guess some people feel any publicity is good publicity.

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  12. prism says:
    12 August 2009 at 1:31 pm

    you can’t copyright “nude”. daft thickos.

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    • Robin says:
      12 August 2009 at 2:25 pm

      I hope not. I know zilch about copyright law, much less UK copyright law.

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    • pyramus says:
      12 August 2009 at 5:57 pm

      I am not a lawyer (to say the least), but I believe the problem is piggybacking on an established name; you can’t open a restaurant and call it McDonald’s Steakhouse, because the McDonalds lawyers will rightly argue that the name of your establishment is deliberately designed to confuse the customer into thinking that there is some relationship between their brand and yours. It sounds almost ridiculous, but it used to be a huge problem: a century ago, Nabisco had a popular line of biscuits under the name Uneeda (the advertising tag line when the product was introduced was “Do you know Uneeda Biscuit?”). A huge number of imitators sprang up with such names as Ulika, Iwanta, Uwanta, and Ilika. Nabisco sued them all and won.

      I still think it’s a stupid lawsuit, but then, I’d never heard of Nude Skincare before. And now I have! Maybe that was the point of the suit, then: to drum up some cheap publicity.

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      • Robin says:
        12 August 2009 at 10:01 pm

        I can see that, but there are too many fragrances with the word “nude” preceding it. Youth Dew Amber Nude, for one.

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  13. bergere says:
    12 August 2009 at 3:12 pm

    Heads up, panyhose makers and makeup brands; why not sue her? Lots of “nude” there, for decades.

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    • miss kitty v. says:
      12 August 2009 at 4:02 pm

      Guess everyone will just have to change the name to “nekkid.”

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      • Daisy says:
        12 August 2009 at 4:34 pm

        as in “hot, nekkid cowboys?” this conversation is getting better by the minute!

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      • RusticDove says:
        12 August 2009 at 4:34 pm

        Just as long as it’s not something crass like ‘butt-nekkid’. That would just be wrong.

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        • Daisy says:
          12 August 2009 at 7:25 pm

          that entirely depends upon the nekkid butt!

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  14. alltheprettythings says:
    13 August 2009 at 12:04 am

    Nude as a color is Beige… should Chanel be worried? 😉

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    • RusticDove says:
      13 August 2009 at 6:26 am

      Excellent point! 😉

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  15. ilookflawless says:
    13 August 2009 at 11:23 am

    Sounds as awful as the Liz Zorn/Bond “Scent of Peace” saga. Companies trying to overtake commonly used words just irritates me. I dislike Ali Hewson and Bono for their pretentious holier than thou Edun label and messiah complexes and this episode just confirms my instinctive dislike of their public profiles. Sorry, rant over.

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    • Robin says:
      13 August 2009 at 2:20 pm

      It’s rant-worthy, no doubt.

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