So When It All Boils Down to It, Who’s Really Naked?

Have you seen Victoria’s Secret new “The Nakeds” palette? Gorgeous baby pink metal die-cast label, pretty sleek box, and a series of neutral eyeshadows inside? But perhaps you’ve also heard of another Naked Palette from Urban Decay Cosmetics—it was so nice they had to do it twice. But can the two “Nakeds” coexist beautifully?

Cue “The People’s Court” music!

This is the plaintiff, Victoria’s Secret. A powerhouse in lingerie and most recently beauty, it is seeking to capitalize on the trend of ‘Naked’ cosmetics. Recently served with a cease and desist letter from a company claiming an infringement on their copyright and was ordered to stop selling its ‘The Nakeds’ eye kit.

This is the defendant, Urban Decay Cosmetics. On July 18th 2012, it served Victoria’s Secret company with a cease and desist letter demanding the company stop selling its “The Nakeds” eye pallette. Victoria’s Secret countered Urban Decay Cosmetics with a lawsuit that pretty much said, “cease and desist letter my $*@!”. The brand actually said in the lawsuit that it has used that term for cosmetics since June but began using it for lingerie more than two years ago. The lawsuit says the company owns a trademark for “The Nakeds By Victoria’s Secret,” which can be used for its bras and panties.

Rather than deal with litigation tennis, Victoria’s Secret brand asked for a declaratory judgement on 7/31/12 to say whether or not Urban Decay Cosmetics owns sole use of the term ‘Naked’ for its cosmetics products. You can read the entire complaint as posted over on FameAppeal.com.

It’s going to be very interesting to see how this pans out. Is the term ‘Naked’ non-specific? Or should Urban Decay be allowed to continue using the trademark?

Things could get ugly. Stay tuned!

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About Trish Williams

Beauty-addicted since she got her first job at 15, Trish's passion is for high-end and technologically-advanced cosmetics, fragrance and skin care, and how they can enhance the beauty of women of color. She's located in the northern Philadelphia suburbs and is ‘cursed’ with living in an area where she can get to three Sephoras, two Bloomingdales, one Neiman Marcus and a Nordstrom, and way too many Targets. In the real world, she pays the bills as a Business Analyst in the bleeding-edge world of Information Technology. Follow her on Twitter @ExPoleDancer.
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13 Responses to So When It All Boils Down to It, Who’s Really Naked?

  1. New blog post: So When It All Boils Down to It, Who’s Really Naked?: http://t.co/YBLOVFro

  2. New Blog Post: So When It All Boils Down to It, Who’s Really Naked? http://t.co/Di2kPt01

  3. So When It All Boils Down to It, Who’s Really Naked? http://t.co/ViIcVBLj by @StyleNBeautyDoc

  4. My NEW POST! RT @StyleNBeautyDoc: New Blog Post: So When It All Boils Down to It, Who’s Really Naked? http://t.co/wKkUNefr

  5. Fame Appeal says:

    Thanks for covering my story on VS and Urban Decay. Love your site … keep the glam blogging strong

  6. Joanne_ says:

    i didn’t even know VS had a Nakeds line! now i’m curious. i think the two can coexist peacefully since they are two different brands with two different philosophies on beauty..

  7. Elle Tee via Facebook says:

    WOW, really? UD has used the Naked name for a long time, though…

  8. Elle Tee, yes but VS is claiming they have a trademark for “The Nakeds by Victoria Secret” for their underwear line and should be able to use it for the cosmetics. It’s quite the battle it seems…lol.

  9. Delia says:

    in terms of makeup, the term “naked” belongs to Urban Decay. If VS wants to use it for lingerie then cool, but not makeup.

  10. @FameAppeal says:

    Ty to the @StyleNBeautyDoc for featuring my NAKED urban decay and Victoria’s secret article http://t.co/CRqvhhNU

  11. RT @FameAppeal: Ty to the @StyleNBeautyDoc for featuring my NAKED urban decay and Victoria’s secret article http://t.co/CRqvhhNU

  12. So When It All Boils Down to It, Who’s Really Naked? http://t.co/TEGQmJFQ via @StyleNBeautyDoc

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