Tuesday 1 June 2010

Appeals court upholds bar on Kentucky lingerie store to use particular name

A Kentucky store that sells bridal lingerie set and other underwear products will have to settle with another name after the federal appeals court decided to uphold the decision for it to change its current names “Victor’s Little Secret” and “Victor’s Secret.”

The US Sixth Circuit Court of Appeals voted 2-1 in favor of ordering the Elizabeth-town based business to change its name because it gives a negative impact on the recognized retailers such as Victoria’s Secret which could inadvertently destroy the latter’s business.

Business owners Victor and Cathy Moseley have been banned from using similar names two years ago and the latter appealed this to the higher court.

According to written decision by Judge Gilbert Merritt, the newly implemented law has made it possible to protect trademarks from any negative sexual association with other businesses trying to get similar names to it.

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