NAKED trademark Victoria’s Secret v. Urban Decay
A fight in the cosmetic aisle to see if the term “NAKED” should be held exclusively by Urban Decay or can it be used by numerous cosmetic companies to brand their glamor products. Since the introduction of Urban Decay’s Naked Palette, which has been a top seller for two years running, numerous cosmetic companies have tried to cash in on the term “NAKED.” Victoria’s Secret jumped on the NAKED bandwagon with the introduction of their eye makeup kit named “THE NAKEDS.”
Upset that cosmetic giant Victoria’s Secrets has joined the naked party, Urban Decay sends a cease and desist letter on July 18th demanding that they stop selling the eye kit product immediately. Urban Decay will likely argue that “THE NAKEDS” has a confusingly similar trademark ( naked name) and a confusingly similar trade dress ( packaging the eye makeup with the word “NAKEDS” in capital letter) which harm the Naked brand.
So instead of bickering back and forth, on 7/31/12 Victoria’s Secret get the judicial system involved and filed a declaratory judgment (which asks a court to decide whether Urban Decay’s trademark/trade dress argument is legit) in Southern District of Ohio Eastern Division (please view the complaint below)
Victoria’s Secret v Urban Decay Naked Makeup Trademark Complaint