Film maker’s false association 'dilutes' Victoria’s Secret mark

Lingerie retailer Victoria’s Secret has sued a film maker who allegedly used the company’s trademarks to attract aspiring actresses and models to audition for films he was making.

In a trademark lawsuit filed at the US District Court for the Central District of California, Victoria’s Secret said California-based Michael Ray McGhie falsely claimed that he made advertisements for the retailer.

McGhie operates professionally under the name Michael Ray and runs two companies called Michael Ray Films and Michael Ray TV.

According to the lawsuit, McGhie used the Victoria’s Secret name and trademarks to “solicit aspiring actresses and models to audition” for his videos.

He subsequently uploaded the films to his website amichaelrayproject.com and to YouTube accounts under the names Hugh Tubbe and LondonPhilms.

Victoria’s Secret added that McGhie’s conduct during these auditions is "outrageous and completely inconsistent with the manner in which Victoria’s Secret treats models”.

The retailer owns US registered trademarks for the terms ‘Victoria’s Secret’ and ‘VS’.

In its complaint, filed on September 24, the company said its ‘Victoria’s Secret’ mark is famous and has been tarnished by McGhie’s conduct.

“Defendant has repeatedly represented himself as the director of Victoria’s Secret commercials and is using both the ‘Victoria’s Secret’ and ‘VS’ trademarks, along with the Victoria’s Secret goodwill, to prop up these false representations,” the company said.

It added: “Defendant’s unlicensed use of the trademarks in his advertising, marketing, distribution and sale of his goods and series violates the Victoria’s Secret trademark rights.”

Victoria’s Secret is demanding that McGhie is found liable for trademark infringement, dilution of its famous mark and that it be awarded “punitive damages”.