Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Fortune Dynamic, Inc. v. Victoria’s Secret Stores Brand Management

United States Court of Appeals for the Ninth Circuit
618 F.3d 1025 (2010)


Facts

Fortune Dynamic, Inc. (Fortune) (plaintiff) was a shoe manufacturer that held the trademark “Delicious” for a line of footwear for young women. Victoria’s Secret (plaintiff) was a company that sold intimate apparel and personal care products. Victoria’s Secret launched a personal care line under the trademark “Beauty Rush.” As part of its marketing of the line, Victoria’s Secret offered a promotional gift package that included a tank top with the word “Delicious” prominently written on the chest, similar to previously offered promotional tops that had included Victoria’s Secret trademarks written on the chest. Fortune sued Victoria’s Secret for trademark infringement. Victoria’s Secret acknowledged that it had failed to investigate whether “Delicious” was protected as a mark, but alleged that its use of the word was protected as a fair use under the Lanham Act. The district court granted summary judgment in favor of Victoria’s Secret and Fortune appealed.

Rule of Law

Issue

Holding and Reasoning (Bybee, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 408,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial