Fortune Dynamic, Inc. v. Victoria’s Secret Stores Brand Mgmt., Inc., No. 08-56291, involved an action by Fortune Dynamic, Inc., the owner of the incontestable trademark DELICIOUS for footwear, against Victoria’s Secret for trademark infringement. The court reversed summary judgment for defendant on the grounds that 1) there was an issue of material facts as to whether consumers were likely to be confused as to the source of Victoria’s Secret’s pink tank top that read “Delicious”; and 2) although it was possible that Victoria’s Secret used the term “Delicious” fairly – that is, in its “primary, descriptive sense” – a jury was better positioned to make that determination.
Related Resources
- Full Text of Fortune Dynamic, Inc. v. Victoria’s Secret Stores Brand Mgmt., Inc., No. 08-56291
- Full Text of US v. Withers, No. 05-56795
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