Home » Fashion Law

NAKED trademark Victoria’s Secret v. Urban Decay

2 August 2012 2 Comments

naked2, naked pallete, urban decay, victoria's-secret,trademark lawsuit, fashion lawA 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

 

Share this now:
  • Print
  • Facebook
  • Google Bookmarks
  • email
  • Reddit
  • StumbleUpon
  • Tumblr
  • Twitter
  • Digg
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading ... Loading ...

2 Comments »

  • Victoria's Secret vs. Urban Decay | The Style and Beauty Doctor said:

    [...] Rather than deal with litigation tennis, Victoria’s Secret brand asked for a declaratory judgement on 7/31/12 to say whether or not Urban Decay Cosmetics owns sole use of the term ‘Naked’ for its cosmetics products. You can read the entire complaint as posted over on FameAppeal.com. [...]

  • Amanda said:

    Good job VS! Urban Decay is too aggressive and arrogant.

Leave your response!

Add your comment below, or trackback from your own site. You can also subscribe to these comments via RSS.

Be nice. Keep it clean. Stay on topic. No spam.

You can use these tags:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

This is a Gravatar-enabled weblog. To get your own globally-recognized-avatar, please register at Gravatar.