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

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


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


Holding and Reasoning (Bybee, J.)

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