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Matthew C. Wagner mwagner@dmoc.com Scott Harrington sharrington@dmoc.com DISERIO MARTIN O’CONNOR & CASTIGLIONI, LLP One Atlantic Street Stamford, CT 06901 (203) 358-0800 Tel (203) 348-2321 Fax
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
PARFUMS DE COEUR, LTD., Plaintiff, vs. LIMITED BRANDS, INC., and VICTORIA’S SECRET STORES BRAND MANAGEMENT, INC., Defendants. Case No.: Judge:
COMPLAINT JURY TRIAL DEMANDED
Plaintiff Parfums de Coeur, Ltd. (“Parfums”), as and for its complaint against the Defendants Limited Brands, Inc. and Victoria’s Secret Stores Brand Management, Inc. (together “Victoria’s Secret”), alleges the following:
Introdu
c
tion
1.
This is an action seeking preliminary and permanent injunctive relief, damages, costs, and attorneys fees for: trademark infringement and unfair competition under the Lanham Act; common law trademark infringement, false designation of origin, and unfair competition;
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unfair methods of competition and unfair or deceptive acts or practices under the Connecticut Unfair Trade Practices Act; and, tortious interference with prospective business relations. 2.
Plaintiff Parfums de Coeur is the owner of the federally registered trademarks “BODY FANTASIES,” “FRESH WHITE MUSK FANTASY” and “SEXIEST FANTASIES” (collectively the “Parfums’ FANTASIES Marks”). Parfums has been in the business of selling personal care items, including fragrances, body sprays, lotions, and body wash using the BODY FANTASIES, FRESH WHITE MUSK FANTASY and SEXIEST FANTASIES marks in International Class 03 since as early as December 1996. 3.
Parfums’ BODY FANTASIES and FRESH WHITE MUSK FANTASY marks are incontestable. 4.
On January 28, 2011, Defendant Victoria’s Secret Stores Brand Management filed intent-to-use applications with the U.S. Patent and Trademark Office for the marks “VICTORIA’S SECRET FANTASIES” and “VS FANTASIES” (collectively the “VS FANTASIES Marks”) in International Class 03. 5.
Plaintiff filed its Consolidated Notice of Opposition of the VS Marks with the Trademark Trial and Appeals Board (“TTAB”) on June 7, 2011 (TTAB Proceeding No. 91200158
)
. 6.
In July 2011, despite Plaintiff’s multiple letters to Defendants requesting assurances that Defendants would not commence use of the VS FANTASIES Marks and, if it had commenced use, to cease and desist, Defendants launched a line of fragrances, body sprays, lotions, and body wash (among others) using the VS FANTASIES Marks in advertising, in store displays, and on its website at http://www.victoriassecret.com/sale/vs-fantasies-body-care, and other places.
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7.
Parfums has been damaged by Victoria’s Secret’s adoption of confusingly similar marks, and has suffered and will continue to suffer irreparable harm without injunctive relief from this Court, to halt Victoria’s Secret’s infringing, unfair, and tortious acts.
Parti
e
s
8.
Parfums is a corporation duly organized and existing under the laws of the State of Connecticut, and having its principal place of business at 85 Old Kings Highway North, Darien, CT 06820. 9.
On information and belief, Defendant Limited Brands, Inc., is a publicly traded corporation (NYSE: LTD) duly organized and existing under the laws of the State of Delaware, and having its principal place of business at Three Limited Parkway, Columbus, Ohio 42330. 10.
On information and belief, Victoria’s Secret Stores Brand Management, Inc. is a corporation duly organized and existing under the laws of the State of Delaware, and having its principal place of business at Four Limited Parkway, Reynoldsburg, OH 43068. 11.
On information and belief, Victoria’s Secret Stores Brand Management, Inc. is a subsidiary of Limited Brands, Inc. 12.
Victoria’s Secret operates retail stores in Connecticut including a store located at 1499 Post Road, Fairfield, CT. See sales receipt attached as Exhibit A. 13.
Victoria’s Secret operates the interactive website http://www.victoriassecret.com where its goods are advertised and available for purchase by consumers. See web page printouts from http://www.victoriassecret.com attached as Exhibit B.
Juri
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tion and V
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14.
This action is for (1) trademark infringement and unfair competition under the Lanham Act; (2) common law trademark infringement, false designation of origin, and unfair
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