BlogNUDE

The battle is on in the world of rock, and it's Mrs. Bono vs. Paul McCartney's daughter.

They're fighting over a word.

Ali Hewson is involved in an ecologically correct firm that goes by the name Nude Brand Ltd. NDL owns the trademark NUDE; it's their word when its in capital letters. They make various soaps and cosmetics that are found in high-end shops and would never be sold in Wal-Mart.

The daughter of a Beatle has her own successful fashion business, and she's adding perfume to her line of products. She's calling it STELLANUDE, a name that no doubt resonated with focus groups and Ms. McCartney.

NUDE belongs to Mrs. Bono, so she sued Stella McCartney for trademark infringement.

All things NUDE would be associated with Nude Brand Ltd., hence the use of a trademark.

In the real world, it would be difficult to deny any and all other firms the use of a common word. Legally, if NDL could trademark NUDE, why couldn't they then trademark other words? Why not own the rights to WHITE or BLACK, FRESH or YOUNG? Corner the market on words and the product name becomes absolutely unique to the product.

Mr. Justice Floyd has decided that an injunction against Ms. McCartney's company at this point could do more harm than good. Without the chosen name, it's possible that her firm would drop the perfume line completely, while a later court hearing could find that she's within her rights to use NUDE, at which point the business is already harmed.

Ms. McCartney and Ms. Hewson will have to either reach a settlement or take the case to court.

In the meantime, watch your words.