Urban Decay files lawsuit against Victoria's Secret for "Nakeds" line

[BrittneyMarie]

Quote: The Columbus Dispatch reported that the lingerie brand, owned by Columbus-based Limited Brands, filed a lawsuit this week in response to a complaint by cosmetics company Urban Decay, which offers a line of makeup called "Naked".

Urban Decay wants Victoria's Secret to remove the word from one of their lines of lingerie and makeup called The Nakeds by Victoria Secret.
http://www.10tv.com/content/stories/2012/08/02/columbus-victoria-secret-fights-to-retain-naked-branding.html

 

[xlisaa]

What? Really? The Nakeds lingerie line from VS has been around since before UD's Naked palette even came out! The Nakeds from VS was released April of 2010, while the Naked palette from UD was not released until August of 2010. The Nakeds is my favorite line, although they do not even sell it in stores anymore and it's only online. I don't even think UD should go to that extreme. If they're upset over the fact that they have a version of neutral palette out, why aren't they upset with all the people who are making knock-off UD ones and with other companies who have the same concept. I mean, I am a fan of UD and all, but lately, they have been quite ridiculous.

 

[kawaiimeows]

it seems lately as if its really new lows every day for urban decay. even though they took back the whole selling in china thing, i'm so glad i've found other makeup brands to replace them.

 

[yoru]

People from UD value themselves too high. I LOL'ed reading the title.

 

[Tyari]

I guess I can see why they'd sue over the Nakeds palette being named that, but not the lingerie. Come. On.

 

[zadidoll]

I can see it from Urban Decay's point of view. While Victoria Secret has The Nakeds in clothing when they began to market their shadow palette in similar packaging as The Naked and The Naked 2 palette then it crossed the line. Look at the labele of The Nakeds it's in a similar font to the Naked 2 palette.

 

[ladygrey]

Originally Posted by zadidoll /img/forum/go_quote.gif

I can see it from Urban Decay's point of view. While Victoria Secret has The Nakeds in clothing when they began to market their shadow palette in similar packaging as The Naked and The Naked 2 palette then it crossed the line. Look at the labele of The Nakeds it's in a similar font to the Naked 2 palette.

I can definitely see the issue and how that palette is crossing the line. Style/design is very, very similar. 

 

[MissLindaJean]

But VS released first? If that's the case, wouldn't that work against UD's suit? I know Gucci just sued Guess over the signature label similarities and design concepts, winning suit and with Guess being forced to pay a few million dollars in restitution...

 

[DreamWarrior]

Originally Posted by MissLindaJean /img/forum/go_quote.gif
But VS released first? If that's the case, wouldn't that work against UD's suit? I know Gucci just sued Guess over the signature label similarities and design concepts, winning suit and with Guess being forced to pay a few million dollars in restitution...

The underwear line came out first but when did they release the makeup... that's where issue is.  UD probably threw in the underwear part into the lawsuite because, as you all know... with anything... there's going to be a settlement... "Ok, you keep the underwear as "naked" and we keep the makeup name"naked"...

In reality it is copyright issues... there cannot be two eyeshadow palettes so similar in name and product... dupes are one thing - they all have different packaging and names... but this is border line from a business perspective.

 

[MissLindaJean]

I see! Well, interesting to see how it all plays out.

 

[internetchick]

I don't think they will win. The packaging is similar, but so? I know Louboutin tried to sue another company (YSL?) for using red soles and lost. No one will mistake the VS palette for the UD. Lots of nude palettes have been out before and after the UD palette. VS has established Nakeds before UD. They might be similar, but it is not a blatant rip off of UD.

 

[zadidoll]

Originally Posted by MissLindaJean /img/forum/go_quote.gif
But VS released first? If that's the case, wouldn't that work against UD's suit? I know Gucci just sued Guess over the signature label similarities and design concepts, winning suit and with Guess being forced to pay a few million dollars in restitution...

Not necessarily. Ciate sent out a bunch of cease and desist to bloggers using the term Caviar Nails because of their own Caviar line but they weren't the ones to create the caviar look in the first place place - it's been a style around for years and I remember seeing it in Nails Pro magazine years back (prior to 2010) then it showed up on the runway in 2011 with Ciate making their own line this year yet they have the trademark for it. Urban Decay trademarks their property as well and even if Victoria Secret had The Nakeds for their underware line the fact they made a palette AFTER Urban Decay did and with similar packaging doesn't help their case. Who will win? I don't know but it's going to be an interesting case to watch.

Here's something else to keep an eye out for potential lawsuits - OPI vs Zoya for gold flake polish. OPI announced earlier this week they will be launching a polish with real gold flakes in it then a few days later Zoya did as well.

Oh and something else... you know why there aren't more hologram polishes? Because there's only one company that either owns the patent to the ingredient that makes up the holos or they're the only ones that trademarked it so anyone else has to apply to them for permission first. I can't recall the whole story but the nail bloggers at CPNA told me the inside scoop on that but suffice it to say companies are VERY protective about their products.

 

[amoxirat]

Originally Posted by xlisaa /img/forum/go_quote.gif

What? Really? The Nakeds lingerie line from VS has been around since before UD's Naked palette even came out! The Nakeds from VS was released April of 2010, while the Naked palette from UD was not released until August of 2010. The Nakeds is my favorite line, although they do not even sell it in stores anymore and it's only online. I don't even think UD should go to that extreme. If they're upset over the fact that they have a version of neutral palette out, why aren't they upset with all the people who are making knock-off UD ones and with other companies who have the same concept. I mean, I am a fan of UD and all, but lately, they have been quite ridiculous.

This.  I understand where UD is coming from, but . . .  I think this is all quite silly.

 

[americanclassic]

That's really.. pathetic. Are they going to sue literally every single nude eyeshadow palette with the word "naked" in it? I agree the font looks similar, but the actual Victoria's Secret logo is all uppercase in a similar font anyway lol. so not only do they waffle on animal rights issues, they're litigious to boot?

Forever21 made an almost complete knockoff of the Naked palette--did they get sued too?

 

[MissLindaJean]

I understand where companies concerns lie, with people ripping off their creative ideas, but in fashion and beauty, it seems like a lot of trends and styles get reproduced and copied over time. So I'm not sure where I stand with this one because I feel like it's a bit nit picky and stepping on the toes of free enterprise. I can see some issue regarding the similarity in the name and lettering style, but a lot of companies put out "naked" or "nude" palettes and probably even had similar palettes before. I'm not very knowledgeable about business law, practices, so just my thoughts.

 

[BrittneyMarie]

Here's what the actual pallet looks like. Ummmmm?

 

[americanclassic]

^ I think that might be a different palette, some blogs showed the inside to look like this:



which is still really different from the Naked palette--like I said, that F21 palette (here) looks way more similar.



so this campaign came before the "naked" palette, right? lol almost looks like Urban Decay copied them on the font and everything.

 

[BrittneyMarie]

Originally Posted by americanclassic /img/forum/go_quote.gif

^ I think that might be a different palette, some blogs showed the inside to look like this:



which is still really different from the Naked palette--like I said, that F21 palette (here) looks way more similar.



so this campaign came before the "naked" palette, right? lol almost looks like Urban Decay copied them on the font and everything.

Yeah, you're right, that was the wrong picture. Oops!