Legal Opinion
Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Management, Inc.
Court of Appeals for the Ninth Circuit
Decided August 19, 2010No. 08-56291PublishedCited by 212 opinions
1Opinion of the Court
OPINION
BYBEE, Circuit Judge:
In February 2007, Victoria’s Secret ran a one-month marketing campaign promot ing its new line of BEAUTY RUSH product. As part of that promotion, Victoria’s Secret stores sold or gave away a hot pink tank top with the word “Delicious” written across the chest in silver typescript. Fortune Dynamic, Inc. (“Fortune”), the owner of the incontestable trademark DELICIOUS for footwear, sued Victoria’s Secret for trademark infringement. The district court granted summary judgment in favor of Victoria’s Secret. Mindful that “summary judgment is generally disfavored in the…
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