Latest news with #RebeccaDowdeswell
Daily Mail
28-07-2025
- Business
- Daily Mail
Defiant salon owner vows to fight 'aggressive' trademark battle with beauty giant L'Oreal over her nkd brand
A defiant salon owner has vowed to fight an 'aggressive' trademark battle with beauty giant L'Oréal, which she claims forced her to close her shop. Rebecca Dowdeswell, 49, has been locked in a legal dispute with the global cosmetics firm and says she has already spent more than £30,000 defending her position. The mother-of-two, from Nottingham, runs the waxing salon 'nkd', a business she first trademarked in 2009; however, the protection expired after ten years, requiring renewal. Under current rules, companies have a six-month window to reapply for a lapsed trademark, but if they miss the deadline, they must start a new application from scratch. Ms Dowdeswell admitted she had put the renewal 'on the list' but said it wasn't 'at the top', calling the decision 'naive'. Her business was forced to shut during the Covid-19 pandemic, with the following two years proving 'so hard' for those in the beauty sector. By the time she reapplied for the trademark in 2022, she was met with a formal objection from L'Oréal. The French company argued that her brand name 'nkd' could cause 'consumer confusion' with its own 'Naked' eyeshadow range. Rebecca Dowdeswell, 49, has been locked in a legal dispute with the global cosmetics firm and says she has already spent more than £30,000 defending her position But rather than back down, Ms Dowdeswell has launched a counterclaim and is now taking on the £233billion firm herself. An Intellectual Property Office (IPO) hearing has now been scheduled to take place later this year, after the unyielding business owner demanded that L'Oréal withdraw several of its own trademark applications. She said: 'I don't feel like I should have been put in this situation in the first place. 'People typically don't challenge them; I've stuck it out. 'We sort of turned the tables and filed actions against them to rescind some of the trademark. We're spelt differently and pronounced differently, which is a huge part of my frustration. 'The UK beauty market as a whole is a massive market. We're not Naked, we're nkd. We're very tied to just waxing and hair removal products. They can get away with it because they're L'Oréal - this is sheer corporate bullying.' She said she had no choice but to fight for her company, which she has invested so much time in. 'It's a trend that you see - they know they have little chance of winning, but they know their pockets are so much deeper than my own. 'You would probably get 90 per cent of companies walking away. I was put in an impossible situation really. I could either walk away from the brand I spent the last 13 years building up or I could defend this and fight this, and it's cost me a lot. 'It has been a huge drain on the financial side but also the impact on myself and my family has been enormous.' Companies have a six-month window to reapply for their trademark after it runs out, or else they have to submit an entirely new application. She said the pandemic delayed her reinstating the trademark, and she was then left frustrated when her application was objected. She added: 'It cannot be fair or right that small companies such as mine are put in this position. 'And if the huge corporations didn't routinely exploit their power and abuse the rules of the UK IPO, knowing that they will likely get away with it due to their sheer size and domination of the market, then this situation wouldn't arise.' L'Oréal claims the nkd branding infringes on their line of Naked eyeshadows, despite the two being pronounced differently. The giant trademarked the Naked name in 2004 but left it unused until they launched their Urban Decay brand in 2010. Ms Dowdeswell added: 'The Naked name is for a wide range of goods which they aren't using. 'We've said this is against the rules of the UK IPO, companies shouldn't trademark against goods they don't use. 'We applied to remove the trademark on goods they aren't using. Like cotton wool, shower gel, deodorants and shaving foams. 'All they apply it against is a subset of makeup - just eye shadow pallets. 'They don't need the trademark on such a wide range of products, it's like a monopoly. 'They have no intention of using it, that's where the abuse of the rules comes in. 'Just because they're a massive company, no one ever stands up to them. 'They first applied for the Naked trademark in 2004. That's 20 years they've had some of these goods trademarked. 'We're nkd and we launched in 2009 - L'Oréal then launched the Urban Decay brand, which has the Naked line in 2010.' A L'Oréal spokesperson said previously: '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.
BBC News
26-07-2025
- Business
- BBC News
Salon owner 'ready' for key L'Oréal trademark dispute hearing
A salon owner says she is "ready to fight again" ahead of a crucial hearing in her long-running trademark dispute with global cosmetics firm L'Oréal. Rebecca Dowdeswell attempted to renew the trademark of her Leicester-based business - nkd - in 2022 but the French firm opposed the move.L'Oréal has its own trademark on a series of beauty products called Naked, and claims her use of the name nkd would cause "consumer confusion".The 49-year-old said she was feeling in a "much stronger position", now an Intellectual Property Office (IPO) hearing date had been set for the case. It will take place later this year. The mother of two, from Radcliffe-on-Trent in Nottinghamshire, held the nkd trademark name since 2009, and it expired in said she had a six-month window to renew it but forgot, which she described as 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 said L'Oréal objected on the basis it owned the Urban Decay make-up brand, which has a range of eye shadow palettes called added: "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 told the BBC the matter was due to be decided by the government's IPO, but that hearing had been IPO blamed the delay on "very significant" caseloads, in part due to said before Brexit, trademarks could be registered with either the European Union (EU) or the UK, or Brexit, 1.4 million trademarks that were with the EU transferred over to take effect in the to the BBC, Ms Dowdeswell - who has spent more than £30,000 contesting L'Oréal's opposition - said she had "enjoyed" a temporary break 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 spokesperson for L'Oréal said: "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 confirmed a hearing date had been set for 5 added a decision would usually be expected about nine months Dowdeswell added: "To coin a phrase that L'Oréal knows very well, I've often asked myself - 'is it worth it?'"
Yahoo
15-02-2025
- Business
- Yahoo
Salon owner 'in limbo' over L'Oréal dispute delays
A salon owner says she has been left in limbo by delays to her six-year legal battle with cosmetics giant L'Oréal. Rebecca Dowdeswell has been locked in a dispute with the French firm over the trademark on the name of her business - nkd - in Leicester city centre since 2019. The 48-year-old said she was told the matter would be examined in a tribunal overseen by the government's Intellectual Property Office (IPO) this month. However, she said she was devastated to be told the hearing had been postponed until later in the year by the IPO, which blamed "very significant" caseloads in part on Brexit. The IPO said it was experiencing a large, "though temporary" increase in caseloads, which had delayed hearings. It added trademark litigation volumes were at "historically high levels", which saw about 1.4 million "marks" added overnight after Brexit. L'Oréal has its own trademark on a series of beauty products called NAKED and has told Ms Dowdeswell, from Radcliffe-on-Trent in Nottinghamshire, her use of the name nkd would cause "consumer confusion". Ms Dowdeswell said the two brands were "not even a little similar", and said she had spent more than £30,000, and nearly six years, contesting L'Oréal's opposition to her trademark application. "It's really frustrating," Ms Dowdeswell told the BBC. "I was ready to go for it [in February] and hopefully get the whole business finished but then it was taken away. "They have given me no idea when my hearing might be but my solicitor thinks it could be 12 months, maybe 18. "It feels like it has disappeared into the long grass. It is hard to see when it will end. "The whole case - the challenge of having to take on a huge company with massive resources - is a weight on my mind. I'm in limbo. "It has been tiring. It has impeded my business because I wanted to expand my product range, but who would come on board with this case unresolved?" Ms Dowdeswell's solicitor Aaron Wood, a specialist in trademark cases, said: "Hugely lengthy proceedings help nobody - and Rebecca is keen to get this case sorted. "We were ready to proceed in February but now we are being told the volume of work at the IPO means we are unlikely to get [it heard] until much later this year. "And even after that has happened, we won't get a decision potentially for many months. It's extremely frustrating." The IPO said before Brexit, trademarks could be registered with either the European Union (EU) or the UK, or both. After Brexit, 1.4 million trademarks that were with the EU transferred over to take effect in the UK. An IPO spokesperson added: "We have seen a very significant, though temporary, increase in IPO tribunal caseloads over the last few years due to a doubling of trademarks litigation volumes. "These are at historically high levels, due in part to the UK's exit from the European Union, which saw around 1.4 million marks added to our register overnight." The IPO added the case between Ms Dowdeswell and L'Oréal did not directly involve rights created following Brexit, but said the overall increase in litigation and tribunal activity had affected its progression. The spokesperson added: "We recognise the impact this temporary increase in workload has on all parties involved in tribunal proceedings. "Our teams are working hard to minimise disruption without compromising the quality of the tribunal's decisions. "We are confident in our ability to get through this temporary but significant period of exceptional demand effectively." L'Oréal has been contacted for comment. Previously, the company added: "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." Follow BBC Leicester on Facebook, on X, or on Instagram. Send your story ideas to eastmidsnews@ or via WhatsApp on 0808 100 2210. Easy Life band renamed after EasyGroup legal row Salon owner 'exhausted' by legal battle with L'Oréal L'Oréal Intellectual Property Office
BBC News
15-02-2025
- Business
- BBC News
Salon owner 'in limbo' over L'Oréal trademark dispute delays
Dan Martin BBC News, Leicester BBC Rebecca Dowdeswell said she had put parts of her life on hold as her case dragged on A salon owner says she has been left in limbo by delays to her six-year legal battle with cosmetics giant L'Oréal. Rebecca Dowdeswell has been locked in a dispute with the French firm over the trademark on the name of her business - nkd - in Leicester city centre since 2019. The 48-year-old said she was told the matter would be examined in a tribunal overseen by the government's Intellectual Property Office (IPO) this month. However, she said she was devastated to be told the hearing had been postponed until later in the year by the IPO, which blamed "very significant" caseloads in part on Brexit. The IPO said it was experiencing a large, "though temporary" increase in caseloads, which had delayed hearings. It added trademark litigation volumes were at "historically high levels", which saw about 1.4 million "marks" added overnight after Brexit. L'Oréal has its own trademark on a series of beauty products called NAKED and has told Ms Dowdeswell, from Radcliffe-on-Trent in Nottinghamshire, her use of the name nkd would cause "consumer confusion". Ms Dowdeswell said the two brands were "not even a little similar", and said she had spent more than £30,000, and nearly six years, contesting L'Oréal's opposition to her trademark application. Ms Dowdeswell said her nkd product range, on the left, could not be confused with L'Oréal's NAKED brand, on the right "It's really frustrating," Ms Dowdeswell told the BBC. "I was ready to go for it [in February] and hopefully get the whole business finished but then it was taken away. "They have given me no idea when my hearing might be but my solicitor thinks it could be 12 months, maybe 18. "It feels like it has disappeared into the long grass. It is hard to see when it will end. "The whole case - the challenge of having to take on a huge company with massive resources - is a weight on my mind. I'm in limbo. "It has been tiring. It has impeded my business because I wanted to expand my product range, but who would come on board with this case unresolved?" Ms Dowdeswell's case might not be resolved until well into 2026, her solicitor said Ms Dowdeswell's solicitor Aaron Wood, a specialist in trademark cases, said: "Hugely lengthy proceedings help nobody - and Rebecca is keen to get this case sorted. "We were ready to proceed in February but now we are being told the volume of work at the IPO means we are unlikely to get [it heard] until much later this year. "And even after that has happened, we won't get a decision potentially for many months. It's extremely frustrating." The IPO said before Brexit, trademarks could be registered with either the European Union (EU) or the UK, or both. After Brexit, 1.4 million trademarks that were with the EU transferred over to take effect in the UK. 'Exceptional demand' An IPO spokesperson added: "We have seen a very significant, though temporary, increase in IPO tribunal caseloads over the last few years due to a doubling of trademarks litigation volumes. "These are at historically high levels, due in part to the UK's exit from the European Union, which saw around 1.4 million marks added to our register overnight." The IPO added the case between Ms Dowdeswell and L'Oréal did not directly involve rights created following Brexit, but said the overall increase in litigation and tribunal activity had affected its progression. The spokesperson added: "We recognise the impact this temporary increase in workload has on all parties involved in tribunal proceedings. "Our teams are working hard to minimise disruption without compromising the quality of the tribunal's decisions. "We are confident in our ability to get through this temporary but significant period of exceptional demand effectively." L'Oréal has been contacted for comment. Previously, the company added: "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." Related internet links Intellectual Property Office
