Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc.
August 23, 2010
In February 2007, Victoria’s Secret ran a one-month marketing
campaign promoting its new line of BEAUTY RUSH
product. As part of that promotion, Victoria’s Secret stores
sold or gave away a hot pink tank top with the word “Delicious”
written across the chest in silver typescript. Fortune
Dynamic, Inc. (“Fortune”), the owner of the incontestable
trademark DELICIOUS for footwear, sued Victoria’s Secret
for trademark infringement. The district court granted summary
judgment in favor of Victoria’s Secret. Mindful that
“summary judgment is generally disfavored in the trademark
arena,” Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135,
1140 (9th Cir. 2002) (quotation marks omitted), we reverse
and remand for trial.
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