VICTORIA'S SECRET infringers put off by cease and desist letters
US lingerie manufacturer V Secret Catalogue Inc has succeeded in stopping some Iranian traders from selling counterfeit goods bearing VICTORIA'S SECRET marks simply by issuing cease and desist letters.
V Secret owns a number of VICTORIA'S SECRET marks, including one featuring a heart shape and another with a pink-stripe design. It became aware that some Iranian fashion boutiques were:
- trading under the Victoria's Secret name;
- using its heart-shape and pink-stripe trademarks; and
- claiming to be the authorized representatives of the company in Iran.
Before filing suit in the courts, V Secret collected evidence of the infringements and sent cease and desist letters to the traders. Upon receiving the letters, the traders stopped using the trademarks and removed from their goods all misleading signs that would suggest a connection with V Secret.
Thus, the case was settled before court action was needed.
A significant proportion of infringing activity in Iran is due to a lack of public awareness of anti-counterfeiting rules and regulations. This case highlights that such activity can often be stopped quite easily through the collection of evidence of infringement, and by sending cease and desist letters.
Mohammad Badamchi, HAMI Legal Services, Tehran
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