Rituals demands €20 million from The Body Shop over trademark infringement
Rituals, the Dutch cosmetics company, is seeking 20 million euros in damages from The Body Shop for trademark infringement. Courts previously ruled that The Body Shop copied Rituals' product line for years. The claim was revealed in the first bankruptcy report for The Body Shop Nederland, which filed for insolvency in November.
Earlier rulings by both the court and the appeals court found The Body Shop guilty of trademark infringement, accusing the company of blatantly using the term "Ritual" for a product line that included shower gel, cream, and massage oil. Judges determined that Rituals likely suffered damage, losing customers and market share due to the confusion.
The Body Shop Nederland allegedly has 54 creditors claiming a total of 3.8 million euros. Additionally, one creditor cited a court ruling from the Gerechtshof Den Haag for 20 million euros in damages. This creditor has been confirmed as Rituals.
Curator Cedric de Breet acknowledged Rituals’ 20 million euros claim but noted it still requires verification. “If approved, creditors will receive a percentage of their claim based on available funds. But it is unclear whether that will happen,” De Breet said.
Priority creditors, such as the Dutch Tax Authority and UWV, would be paid before general creditors like Rituals, which reduces the chances of recovering the full amount.
Rituals spokesperson Iris Buys said the company has low expectations of recovering the damages. “The infringement case began long before The Body Shop Netherlands went bankrupt. Normally, damages would be determined in a separate procedure, but due to the bankruptcy, that cannot happen,” she explained.
The 20 million euros figure is described as an estimate. Buys said the curator has not provided sales figures for the disputed products, making the amount a rough calculation.
The Hague court ruling named both The Body Shop Nederland and The Body Shop International Limited in the case, leaving open the possibility of claims against the British parent company. However, Rituals has not confirmed whether it has filed such claims.
The Body Shop Nederland’s assets were purchased by a German investor, who relaunched eight stores in the Netherlands last December. However, these debts are unlikely to transfer to the new owner, as obligations remain part of the bankrupt estate.
