A salon owner has declared she is “ready to fight again” as a pivotal hearing approaches in her ongoing trademark dispute with the multinational cosmetics corporation, L’Oréal.
Rebecca Dowdeswell sought to renew the trademark for her Leicester-based business, nkd, in 2022, a move contested by the French conglomerate.
L’Oréal, which holds a trademark for its own line of beauty products named Naked, alleges that Ms. Dowdeswell’s use of the name nkd could lead to “consumer confusion.”
The 49-year-old entrepreneur stated she feels in a “much stronger position” now that the Intellectual Property Office (IPO) has scheduled a hearing date for the case, set to take place later this year.
Ms. Dowdeswell, a mother of two from Radcliffe-on-Trent in Nottinghamshire, originally secured the nkd trademark in 2009, which subsequently expired in 2019.
She admitted to missing the six-month renewal window, calling it a “big mistake.”
“That six-month window ran into the start of Covid and chaos ensued for all businesses – including beauty salons – and I missed the expiry,” she previously told the BBC.
“When I came to re-register the trademark, I was essentially starting from scratch, not renewing an existing one.”
She explained that L’Oréal’s objection stems from its ownership of the Urban Decay make-up brand, which features a range of eye shadow palettes under the name Naked.
She further stated: “There has never been any evidence of consumer confusion. In 15 years of trading, no-one has ever said ‘are you the same brand as Naked by Urban Decay?'”
Ms. Dowdeswell informed the BBC that the matter was to be adjudicated by the government’s IPO, but the hearing had been previously postponed.
The IPO attributed the delay to “very significant” caseloads, partially resulting from Brexit.
Prior to Brexit, trademarks could be registered with either the European Union (EU) or the UK, or both, the IPO clarified.
Following Brexit, 1.4 million trademarks registered with the EU were automatically transferred to take effect in the UK.
Speaking to the BBC, Ms. Dowdeswell, who has spent over £30,000 contesting L’Oréal’s opposition, mentioned she had “enjoyed” a temporary respite from the proceedings.
“When I came to re-register them post-Covid, L’Oréal logged its objections and I’ve been having to defend myself for the last three years,” Ms Dowdeswell said.
“It’s been really stressful to deal with, but I’ve enjoyed metaphorically putting it away and having a break from it.
“In hindsight, I realised how much of a toll it took on me last year. On me personally with my family, my young children and with the business.
“I am ready to fight again. I think L’Oréal thinks I’m just going to go away – and I’m not.”
In response, a L’Oréal spokesperson stated: “We are wholly committed to resolving any misunderstanding there might have been with Rebecca Dowdeswell.
“From the beginning of our exchanges with her lawyers in 2022, we have communicated an offer that supports her business aspirations whilst respecting our longstanding trademark rights.
“We look forward to resolving this matter in a mutually agreeable way.”
The IPO has confirmed that a hearing date has been scheduled for November 5.
They added that a decision is typically expected approximately nine months following the hearing.
Ms. Dowdeswell concluded: “To coin a phrase that L’Oréal knows very well, I’ve often asked myself – ‘is it worth it?'”
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