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Company Names: Little guy wins trademark battle
with Victoria's Secret and gets to keep
his business name.

WASHINGTON, D.C., April 2, 2003. In a serious upset for Victoria's Secret, the Supreme Court made it tougher for companies with famous brand names to win lawsuits against competitors they feel are riding on their coattails. In a unanimous decision, the court ruled that a store in a strip mall in Kentucky named Victor's Little Secret neither confused any consumers or potential consumers, nor was likely to do so. The court disagreed with Victoria's Secret's contention that the little store's company name blurred and tarnished its reputation. The store, which sells lingerie and sex toys, was originally known as Victor's Secret, after its owner, Victor Mosely. When Victoria's Secret complained about the name, Victor and his wife Cathy changed the name to Victor's Little Secret, but that apparently did not satisfy the chain, which is owned by Limited Brands, Inc., Columbus, Ohio.

In 1995, Congress amended the Trademark Act to cover the dilution of famous marks, Dilution was defined as the lessening of the capacity of a famous mark to identify and distinguish goods and services. Some trademark attorneys think the ruling will encourage small companies to take a free ride on the backs of big consumer companies that have spent hundreds of millions of dollars on brand building.