Sex Toy Retailer Can't Tarnish Chain's Trademark, U.S. Appeals Court Rules

LOUISVILLE, Ky. — A federal appeals court ruled Wednesday that a sex toy and exotic lingerie shop can't use the names “Victor’s Secret” or “Victor’s Little Secret.”

The 6th U.S. Circuit Court of Appeals ruled, 2-1, that the Elizabethtown, Ky., store could potentially hurt the national retailer Victoria’s Secret under the Federal Trademark Dilution Act.

The decision leaves in place an injunction issued in 2008 that bars business owners Victor and Cathy Moseley from using either of the names.

The 12-year-old case pitting Columbia, Ohio-based Victoria's Secret against the Moseleys focuses on dilution by tarnishment under the Trademark Dilution Revision Act of 2006.

The 6th Circuit in an appeal questioned whether Victoria’s Secret had a valid suit for injunctive relief. A lower court concluded that even though the two parties do not compete in the same market, the Victor’s Little Secret mark — because it is sex related — disparages and tends to reduce the positive associations and the “selling power” of the Victoria’s Secret mark.

"The new law seems designed to protect trademarks from any unfavorable sexual associations," said Judge Gilbert Merritt, who wrote for the majority in the opinion. "Thus, any new mark with a lewd or offensive-to-some sexual association raises a strong inference of tarnishment.

"The inference must be overcome by evidence that rebuts the probability that some consumers will find the new mark both offensive and harmful to the reputation and the favorable symbolism of the famous mark."

The ruling leaves in place an injunction issued in 2008 that bars the Moseleys from using either of the names.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Xgen's Dr. Mindy DeSeta Spotlighted on CBS News

CBS News has spotlighted Xgen Products resident sex therapist Dr. Mindy DeSeta on its Miami and West Palm Beach affiliate stations.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

Electric Novelties Expands 'Gläs' Collection

Electric Novelties has introduced a variety of new items from its Gläs collection.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Le Wand's 'Petite' Highlighted in NY Magazine Article

Le Wand’s Petite massage wand has been recognized in NY Magazine's The Strategist round-up of top-rated massagers.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Show More