Victoria’s Secret settles bra patent row
Underwear brand Victoria’s Secret has settled a patent infringement case centring on inserts used inside bras to create “lift and cleavage”.
In a letter filed at the US District Court for the Southern District of New York on May 11, Zephyrs, which had sued Victoria’s Secret, said that the parties had reached a settlement in principle, subject to a mutually acceptable agreement.
Further details, including whether there will be any financial agreement, were not disclosed.
Debra MacKinnon, who owns fashion company Zephyrs, sued Victoria’s Secret in January this year alleging infringement of US patent number 8,216,021.
The patent covers a kidney shaped insert used inside bras intended “to create lift and cleavage while maintaining a natural appearance”. The US Patent and Trademark Office granted the patent in 2012.
In the lawsuit, MacKinnon said Victoria’s Secret’s products infringe her patent and that she is owed royalties from the sales of push up bras.
“Victoria’s Secret has apparently chosen to slavishly copy the invention, without paying any royalty or receiving any express or implied licences,” MacKinnon said at the time.
