New feature: You be the fashion lawyer
In conjunction with this blog's newly launched LinkedIn group (also called "LAW OF FASHION"), LOF will be posing occasional questions to you, dear readers, in a feature titled "You be the fashion lawyer." Maybe you are a fashion lawyer, or maybe you're not a lawyer at all; regardless, your opinions are welcome -- indeed, invited! -- on LinkedIn.
Today's legal question: Should one company be granted a monopoly on the word "fantasy" for scented products?
Late last week, Parfums de Coeur sued Limited Brands/Victoria's Secret for trademark infringement, among other alleged misdeeds, stemming from the latter's use of the word "fantasy"/"fantasies" in connection with a new line of fragrances, mists, and body wash, branded "VS Fantasies."
Parfums de Coeur has federal trademark registrations for "Body Fantasies," "Sexiest Fantasies," and "Fresh White Musk Fantasy." Its lawsuit alleges that consumers are likely to be confused about the source of the companies' respective goods. Here is the Complaint. And here are two items from the product lines at issue:
Also, as one LAW OF FASHION group member pointed out, what about "Fantasy by Britney Spears"? Brit seems to have dodged a bullet here... or did the plaintiff leave her out of the case for strategic reasons?
[This post is for entertainment and informational purposes only, and does not constitute legal advice or create an attorney-client relationship among any individuals or entities. Any views expressed herein are those of the writer on the particular date of this post, and should not necessarily be attributed to his law firm or its clients.]