WWD.com/business-news/legal/juicy-couture-sues-vs-over-pink-456008/
government-trade
government-trade

Juicy Couture Sues VS Over Pink

There's More Litigation Involving Pink.

THERE’S MORE LITIGATION INVOLVING PINK.

Juicy Couture Inc. filed a suit against Victoria’s Secret on Tuesday, alleging the brand copied designs and marketing for its Pink line.

The division of Liz Claiborne Inc. sued in the U.S. District Court in Manhattan, charging that Victoria’s Secret is using icons and slogans similar to those used in the Juicy line of clothing, underwear, sleepwear, bathing suits and even calling cards.

Earlier this month, Victoria’s Secret filed suit against Macy’s Inc. and Intertex Apparel Ltd., accusing them of infringing on Victoria’s Secret’s Pink trademark by making and marketing similar apparel under their Pinkish label.

And in March, Phat Fashions LLC sued Victoria’s Secret, accusing the retailer of inappropriately using a logo for the Pink brand.

In the latest suit, Juicy Couture said Victoria’s Secret, which is owned by Limited Brands Inc., is also mimicking store designs and its Sweet Shoppe trade dress. In the suit, Juicy Couture said Victoria’s Secret is infringing on its candy-shaped packaging. The first item packaged in its Sweet Shoppe trade dress was a set of socks contained in a cylindrical wrapper, tied at either end with string or ribbon and designed to resemble a candy roll with socks rolled within.

Juicy began providing the Candy Roll trade dress to prospective wholesale buyers and at trade shows in May 2006, and the item debuted in stores in September 2006. Victoria’s Secret began using its similar packaging in October 2007.

Limited Brands declined to comment.

“Juicy Couture has established a strong brand image built upon many visual elements, including original and innovative packaging designs,” said Jane Randel, vice president of corporate communications at Liz Claiborne. “These and other brand elements create the unique consumer experience that allows Juicy to stand apart from its competitors in the fashion markets in which it competes, and we will vigorously defend against infringements that cause consumer confusion and threaten to erode our valuable brand identity.”

Juicy Couture is seeking an injunction to prevent Victoria’s Secret from selling, manufacturing or advertising any of the clothing or items that infringe on Juicy’s product. The company is also asking for three times the profits Victoria’s Secret earned from the sales, the destruction of all remaining items that copy their trade dress and attorney fees.