In 2015, The Body Shop introduced a new skincare line in the Benelux countries named “SECRETS OF THE WORLD,” featuring four distinct lines: RELAXING RITUAL, REVITALISING RITUAL, BLISSFUL RITUAL, and FIRMING RITUAL.
Rituals, a prominent player in personal care products since 2000, swiftly objected to the launch. With its brand registered across various countries, including the European Union, Rituals felt The Body Shop’s line encroached on its territory, leading to a legal dispute.
The Body Shop argued that it used the term RITUALS not as a trademark but to indicate product suitability for treatments, a form of descriptive use. While The Body Shop’s argument had merit, the judge disagreed. The dominant display of the word RITUAL, in capital letters, a frame, larger font, and sometimes a different colour, led the public to perceive it as a trademark.
Given the similarity between the marks and their use for identical products in the same market segment, consumers might infer a commercial connection with Rituals, potentially leading to confusion or association. Consequently, a justified ban was imposed. The ruling underscores the importance of avoiding dominant and separate use of descriptive words to prevent consumer confusion regarding brand identity.
