30 June 2017Trademarks

Victoria’s Secret settles trademark dispute with Redbubble

Lingerie brand Victoria’s Secret has settled a trademark dispute with online marketplace Redbubble.

Victoria’s Secret had sued the online marketplace in July last year, alleging that Redbubble was infringing its ‘Victoria’s Secret’ and ‘Pink’ marks and logos.

The ‘Victoria’s Secret’ mark and logo have been used by the lingerie brand since 1977 throughout its more than 1,000 retail stores in the US.

Its ‘Pink’ marks have been used since 2001 on lingerie, beauty products and swimwear (among others).

In 2015, the brand’s annual revenues under its marks exceeded $7.5 billion and, according to the claim, in December 2012, the fashion journal Women’s Wear Daily ranked Victoria’s Secret as the number one most recognised fashion brand in the country, based on a survey of women aged 13 to 64.

Redbubble operates an online print-on-demand service and customers can purchase products imprinted with graphic designs.

According to the claim, Redbubble had offered signs that contain Victoria’s Secret’s marks on goods such as phone cases, T-shirts and tote bags.

Victoria’s Secret said it had sent a cease-and-desist letter to Redbubble dated in May 2016, but that Redbubble had continued to promote and sell infringing and counterfeit products.

“Redbubble has intentionally infringed plaintiff’s rights in a concerted, ongoing attempt to hijack the substantial brand awareness and goodwill associated with plaintiff’s products and trademarks,” said the claim.

It added that Redbubble had attempted to “deceive and cause confusion among the buying public, all to plaintiff’s great and irreparable harm”.

Victoria’s Secret also claimed that some of the infringing designs and products are “lewd and offensive”, and cast plaintiff and its marks in a bad light.

For example, one design features an intertwined ‘VS’ mark above the phrase “Victoria’s Sh*t”, according to the claim.

On Tuesday, June 27, Victoria’s Secret and Redbubble filed a request for dismissal of the suit, with prejudice.

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