Victoria’s Secret Initiates Attack against Urban Decay’s “Naked” Trademark

Victoria’s Secret Initiates Attack against Urban Decay’s “Naked” Trademark

Yesterday, Victoria's Secret (VS) filed suit against Urban Decay, seeking a declaratory judgment that VS' cosmetic use of the "THE NAKEDS" does not infringe Urban Decay's trademark. Urban Decay sells makeup products using the terms "NAKED" and "NAKED2," upon which it has based legal threats against VS. In the complaint, VS asserts that:

  • third parties also use variations of the term "Naked" in connection with a variety of products, including makeup;
  • the term "Naked," standing alone, has descriptive qualities when used in reference to personal care products and cosmetics, including makeup; and
  • Urban Decay does not own any trademark registration for the term "Naked," standing alone.

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