After watching lecture 33- Intellectual property I was interested in the Victor's Secret case in Kentucky so I decided to research it some more and see what my opinion would be. The couple, Victor and Cathy Moseley decided to open up a lingerie and adult novelty store in
Elizabethtown Kentucky. They named it Victor's Secret. Right off the bat they should have thought something of it because of the world known lingerie store
Victoria's Secret. Even though they are in a small town in
Kentucky people talk and eventually the right person would find out about the name. Only after two weeks of being open the lawyer of
Victoria's Secret contacted them and asked them nicely to please change their name because of how closely the two were related and they didn’t want any confusion of people. Victor and his wife then re named it Victor's Little Secret but
Victoria's secret was still not happy with that and brought them to court. While reading the article I came across this quote:"Once a [trademark] has been tarnished in consumers' minds by a negative association – with a porn shop, for example – the mental association, and therefore the dilution injury, is effectively permanent," Dellinger writes. "Only an injunction at the very outset of the lessening can avoid that problem."(http://www.csmonitor.com/2002/1112/p04s02-usju.html)In a way I see where they are coming from. If someone was online trying to buy some underwear from
Victoria's secret and came across this store they may be offended and decide to not purchase from them anymore. They obviously resolved the situation and
Victoria's Secret is doing great in sales like usual!
