According to an article in the Sydney Morning Herald, U.S. District Court Judge Harold Baer has ruled that Victoria’s Secret has the right to prevent Sports Illustrated swimsuit model Audrey Quock from launching a line of lingerie called ‘SEXY LITTLE THINGS,’ ruling that the lingerie giant has a prior claim on the phrase.
In his 17 page ruling, Judge Baer decided that ‘SEXY LITTLE THINGS’ is a suggestive mark (which often can be protected) rather than a descriptive mark (which generally cannot):
While the term describes the erotically stimulating quality of the trademarked lingerie, it also calls to mind the phrase “sexy little thing,” popularly used to refer to attractive lithe young women.
I have to agree with Judge Baer - the phrase ‘SEXY LITTLE THINGS’ is definitely suggestive! (Reposted)
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