It’s no secret: ‘Tarnished’ Victoria wins trademark suit

May 23, 2008

The name was changed eight years ago, and even a Supreme Court victory in 2003 didn’t bring it back. Now, a federal judge has ordered “Victor’s Little Secret” to remain under wraps forever.

To recap: Victor’s Little Secret was an adult novelty and lingerie store operated by Cathy and Victor Moseley in Elizabethtown, Ky., not far from Louisville. Mega-retailer Victoria’s Secret learned of the store and, in true Victorian fashion, was not amused. It went to court and obtained an order blocking the Moseleys from operating under Victor’s name.

The Moseleys changed the name to Cathy’s Little Secret. But they also fought all the way to Supreme Court, which ruled in their favor and remanded the case to the 6th Circuit, with instructions to send it back to the federal court in Louisville for a new ruling.

A funny thing happened on the way to the remand, though. For reasons that aren’t specified, the 6th Circuit sat on the case for awhile. For FOUR YEARS, in fact — until July 2007.

Meanwhile, due in large part to the Supreme Court’s 2003 decision, Congress rewrote the law in a way more to Victoria Secret’s liking. The Trademark Dilution Revision Act took effect in 2006.

Thus, by the time the 6th Circuit sent the case back to the trial court, the rules had changed. While the Moseleys cried foul, U.S. District Judge Charles Simpson [PDF] applied the new standard and ruled in favor of Victoria’s Secret.

“The use of the remarkably similar ‘Victor’s Secret’ or ‘Victor’s Little Secret’ in connection with the sale of intimate lingerie along with sex toys and adult videos tarnishes the reputation of the Victoria’s Secret mark,” Simpson wrote.

No word yet on whether the Moseleys will continue their fight.

BARBARA GRZINCIC, Managing Editor/Law

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Posted by The Daily Record | Filed Under 6th Circuit, Supreme Court, law, retail, trademark | Leave a Comment 

Going “Midcentury modern”

March 21, 2008

How would you like to spend your weekdays scouting for vintage furniture? Rob Degenhard and Nini Sarmiento, owners of the Home Anthology store, do.

The couple’s Catonsville furniture store is open only on weekends, allowing them to spend the week hunting for vintage pieces - the habit that got them into the business. Their store is featured in today’s issue of The Daily Record supplement Distinctive Properties.

Now, Rob and Nini are two businesspeople filling a growing demand for “midcentury modern” furniture and accessories - vintage pieces made between 1945 and 1970. The functional, sleek pieces are in demand now as people aim to simplify their lives, and the prices are beginning to reflect that, with high-end pieces demanding tens of thousands of dollars.

Midcentury modern’s “appeal isn’t limited to the young and hip,” Mary Medland reports. Home Anthology has clients “ranging from newlyweds to those who are in their 70s.”

Browse through the inventory of Home Anthology, as seen through the eyes of Photographer Rich Dennison. (View larger here).

JACKIE SAUTER, Web Editor

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Posted by The Daily Record | Filed Under business, howard county, retail | 1 Comment 

Outsourcing love

February 12, 2008

flowers_edit.jpgHow about this: last weekend, I saw a feature story about up-and-coming grooms-to-be hiring a proposal planner to craft an elaborate marriage proposal.

Those in the wedding business are psyched about this extension of the almost $50 billion-dollar industry. (Except for maybe this party pooper).

With Valentine’s Day on Thursday, I wonder if people in the proposal-planning profession are swamped with swooning suitors? Or are most men turned off by the idea of another (admittedly unnecessary) nuptial expense?

If I were a wedding planner, I might seriously consider switching to proposals, given the option. Having a nervous male client seems like it’d be a lot easier than dealing with the “Bridezillas” of Baltimore.

For men desiring a simple V-Day solution that’s a bit… cheaper, one of our sister blogs has an idea: BokayMe.com, an offshoot of 1-800-FLOWERS that will send “animated, scent-less bouquets to that special, but not completely special, someone, for way less than a dozen long-stemmed roses.” (By “way less,” they do mean waaay less: most of the bouquets are 2-3 credits, which I can only assume are interchangeable with dollars.)

If anyone sends an animated bouquet to their sweetie on Thursday, I’d love to know how it was received.

JACKIE SAUTER, Web Editor

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Posted by The Daily Record | Filed Under holidays, retail | 1 Comment 

Who needs Black Friday when you have Cyber Monday?

November 23, 2007

Did you see reporter Louis Llovio’s story today about the effect (or lack thereof) that Black Friday has on small, local retailers?

While the masses descend on area shopping malls and chain stores today, other retailers are gearing up for their day in the sun - on Monday.

They’re online retailers, and they’re hoping that you’ll all rush to work on Monday, browse to your favorite dot com, and order massive amounts of Christmas gifts.

See, a few years ago, a marketing association began calling the Monday after Thanksgiving “Cyber Monday” - a PR campaign based on the myth that the day brought in sweeping sales numbers.

A couple years ago, BusinessWeek discovered that the day wasn’t even in the top 10 of most online sales for the year (in reality, it was about No. 12). The story even attempted to trace the “Cyber Monday” myth to its roots.

It might be a moot point now: the National Retail Federation says enough online retailers are behind the idea this year to offer some can’t-miss discounts.

And you don’t even have to worry about parking or waking up at 4a.m.

Will you do most of your holiday shopping online or in person?

Much as I like the idea of click-click-clicking my way to a stress-free holiday, I can’t seem to bring myself to give up the thrill of the hunt.

-JACKIE SAUTER, Multimedia Editor

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Posted by The Daily Record | Filed Under business, retail | Leave a Comment 

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