SCENT OF A LAWSUIT: Victoria’s Secret and Bath & Body Works sued Preferred Fragrance and Fragrance Acquisitions, as well as Izriel Polatsek, the chief executive officer and substantial owner of the defendants who is also known as Ezriel Polatsek, in a U.S. federal district court in Columbus, Ohio for trade dress and trademark infringement.
The lawsuit claims violations of some of the Victoria’s Secret Fantasies collection of fragrances, such as the trade dress of the Vanilla Lace wide-shouldered fragrance mist bottle, the crest design incorporating the product name, and the “ribbon” element on the bottle itself. Defendants have a “Vanilla Blossom” line that is similar to the Victoria’s Secret product, court documents alleged.
This story first appeared in the February 19, 2014 issue of WWD. Subscribe Today.
The lawsuit also claims infringement by the defendants of its Bath & Body Works Signature collection. One example is Bath & Body Works’ Pink Chiffon trade dress, a tall, narrow, clear cylindrical bottle wrapped in a light-pink sheer label. The alleged competing product in the defendants’ line is Rose Chiffon.
The lawsuit alleges that the defendants’ business model involves “copying the trade dress and trademarks associated with competitive products to gain a foothold in the market by trading on the reputations and goodwill established by others.”
The plaintiffs are seeking an injunction, the destruction of alleged competing product and damages. Polatsek could not be reached for comment, while Preferred Fragrance declined comment.