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Matthew C. Wagner mwagner@dmoc.com Scott Harrington sharrington@dmoc.com DISERIO MARTIN OCONNOR & CASTIGLIONI, LLP One Atlantic Street Stamford, CT 06901 (203) 358-0800 Tel (203) 348-2321 Fax U N I T E D ST A T ES D IST R I C T C O U R T D IST R I C T O F C O N N E C T I C U T PARFUMS DE COEUR, LTD., Plaintiff, vs. LIMITED BRANDS, INC., JU R Y T R I A L D E M A N D E D and VICTORIAS SECRET STORES BRAND MANAGEMENT, INC., Defendants. Case No.: Judge: C O MPL A IN T

Plaintiff Parfums de Coeur, Ltd. (Parfums), as and for its complaint against the Defendants Limited Brands, Inc. and Victorias Secret Stores Brand Management, Inc. (together Victorias Secret), alleges the following: Introduction 1. This is an action seeking preliminary and permanent injunctive relief, damages,

costs, and attorneys fees for: trademark infringement and unfair competition under the Lanham Act; common law trademark infringement, false designation of origin, and unfair competition;

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unfair methods of competition and unfair or deceptive acts or practices under the Connecticut Unfair Trade Practices Act; and, tortious interference with prospective business relations. 2. Plaintiff Parfums de Coeur is the owner of the federally registered trademarks

BODY FANTASIES, FRESH WHITE MUSK FANTASY and SEXIEST FANTASIES (collectively the Parfums FANTASIES Marks). Parfums has been in the business of selling personal care items, including fragrances, body sprays, lotions, and body wash using the BODY FANTASIES, FRESH WHITE MUSK FANTASY and SEXIEST FANTASIES marks in International Class 03 since as early as December 1996. 3. Parfums BODY FANTASIES and FRESH WHITE MUSK FANTASY marks

are incontestable. 4. On January 28, 2011, Defendant Victorias Secret Stores Brand Management filed

intent-to-use applications with the U.S. Patent and Trademark Office for the marks VICTORIAS SECRET FANTASIES and VS FANTASIES (collectively the VS FANTASIES Marks) in International Class 03. 5. Plaintiff filed its Consolidated Notice of Opposition of the VS Marks with the

Trademark Trial and Appeals Board (TTAB) on June 7, 2011 (TTAB Proceeding No. 91200158). 6. In July 2011, despite Plaintiffs multiple letters to Defendants requesting

assurances that Defendants would not commence use of the VS FANTASIES Marks and, if it had commenced use, to cease and desist, Defendants launched a line of fragrances, body sprays, lotions, and body wash (among others) using the VS FANTASIES Marks in advertising, in store displays, and on its website at http://www.victoriassecret.com/sale/vs-fantasies-body-care, and other places.

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7.

Parfums has been damaged by Victorias Secrets adoption of confusingly similar

marks, and has suffered and will continue to suffer irreparable harm without injunctive relief from this Court, to halt Victorias Secrets infringing, unfair, and tortious acts. Pa rties 8. Parfums is a corporation duly organized and existing under the laws of the State

of Connecticut, and having its principal place of business at 85 Old Kings Highway North, Darien, CT 06820. 9. On information and belief, Defendant Limited Brands, Inc., is a publicly traded

corporation (NYSE: LTD) duly organized and existing under the laws of the State of Delaware, and having its principal place of business at Three Limited Parkway, Columbus, Ohio 42330. 10. On information and belief, Victorias Secret Stores Brand Management, Inc. is a

corporation duly organized and existing under the laws of the State of Delaware, and having its principal place of business at Four Limited Parkway, Reynoldsburg, OH 43068. 11. On information and belief, Victorias Secret Stores Brand Management, Inc. is a

subsidiary of Limited Brands, Inc. 12. Victorias Secret operates retail stores in Connecticut including a store located at

1499 Post Road, Fairfield, CT. See sales receipt attached as Exhibit A. 13. Victorias Secret operates the interactive website http://www.victoriassecret.com

where its goods are advertised and available for purchase by consumers. See web page printouts from http://www.victoriassecret.com attached as Exhibit B. Jurisdiction and V enue 14. This action is for (1) trademark infringement and unfair competition under the

Lanham Act; (2) common law trademark infringement, false designation of origin, and unfair

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competition; (3) unfair methods of competition and unfair or deceptive acts or practices under the Connecticut Unfair Trade Practices Act (CUTPA); (4) and, tortious interference with prospective business relations. 15. This Court has jurisdiction pursuant to 15 U.S.C. 1119 (power of court over

registration) and 1121 (original jurisdiction over actions arising under the Lanham Act). 16. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c) because

the acts complained of herein have been committed and are being committed in this Judicial District and/or because all Defendants are subject to personal jurisdiction in this Judicial District or any one Defendant may be found here. Parfums principal place of business is in Connecticut and the harm as a result of the Defendants acts and conduct is occurring within the state of Connecticut and this judicial district. F actual Background Pa rfums de Coeu r, L td. and the Parfums F A N T ASI ES M ar ks 17. Parfums de Coeur, Ltd. is a privately held company with its principal place of

business in Connecticut, and has been in operation since 1981. Parfums is a dominant marketer in the United States of womens and mens mass market fragrance brands under $10.00 retail. 18. The products sold by Parfums are exclusively mens fragrance, womens

fragrance, body lotion, body wash, shower gel, and body spray and mist. 19. Among Parfumss most valuable brands are BODY FANTASIES and SEXIEST

FANTASIES (collectively the FANTASIES Brands). Parfums FANTASIES Brands are used, and registered, in connection with personal care items, including fragrances, body sprays, lotions, and body wash.

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20.

Parfumss FANTASIES Brands are nationally recognized and widely distributed

in over 40,000 stores nationwide, as well as on the Parfums websites: http://www.parfumsdecoeur.com, http://www.bodyfantasies.com, and http://www.fragrancerebel.com. See web page printouts attached as Exhibit C. 21. Parfumss product lines have international distribution in over 12,000 stores

outside of the United States including twenty-two (22) countries. 22. The BODY FANTASIES and SEXIEST FANTASIES brands have sold over 250

million (250,000,000) units globally and are among the leading Specialty Bath/Fragrance brands in the world. 23. As of the filing of this Complaint, Parfums has invested over $60 million

($60,000,000.00) in consumer marketing and advertising to create and maintain brand equity for its FANTASIES Brands. 24. Parfums owns U.S. Trademark Registration No. 2,104,321 for the mark BODY

FANTASIES (BODY FANTASIES Trademark), issued on October 7, 1997, for the following goods and services in International Class 03: women's fragrances, namely, perfume, cologne, toilet water; scented body sprays; personal deodorants; shower gels; body lotions; body powders; and soaps. Parfums has continuously used its mark in connection with these goods and services at least as early as December 26, 1996. See USPTO Trademark Electronic Search System (TESS) printout for BODY FANTASIES registration attached as Exhibit D.

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25.

Parfums owns U.S. Trademark Registration No. 2,246,266 for the mark FRESH

WHITE MUSK FANTASY (FRESH WHITE MUSK FANTASY Trademark), issued on May 18, 1999, for the following goods and services in International Class 03: women's fragrances, namely, perfume, cologne, toilet water; scented body sprays; personal deodorants; shower gels; body lotions; body powders; and soaps. Parfums has continuously used its mark in connection with these goods and services at least as early as January 5, 1998. See USPTO TESS printout for FRESH WHITE MUSK FANTASY registration attached as Exhibit E.

26.

Parfums owns U.S. Trademark Registration No. 3,811,520 for the mark

SEXIEST FANTASIES (SEXIEST FANTASIES Trademark), issued on June 29, 2010, for the following goods and services in International Class 03: women's and men's fragrances, namely, perfume, cologne, eau de toilette, aftershave, scented body sprays and personal

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deodorants; shower gels; body lotions; body powders; soaps. Parfums has continuously used its mark in connection with these goods and services at least as early as January 2009. See USPTO TESS printout for SEXIEST FANTASIES registration attached as Exhibit F.

27.

Parfums BODY FANTASIES Trademark, FRESH WHITE MUSK FANTASY

Trademark, and SEXIEST FANTASIES Trademark are inherently distinctive. 28. Parfums BODY FANTASIES Trademark and FRESH WHITE MUSK

FANTASY Trademark are incontestable. V ictoria s Secret and the VS F A N T ASI ES M arks 29. Defendant Limited Brands is self-described as an international company that

sells lingerie, personal care and beauty products, apparel and accessories with recorded sales of $9.6 billion in 2010 and employs more than 90,000 associates throughout the United States.

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30.

According to the Limited Brands website, the company operates more than 2,600

specialty stores in the United States, and its brands are sold in more than 800 company-owned and franchised additional locations worldwide. See printouts of Limited Brands website attached as Exhibit G. 31. On information and belief, the personal care and beauty products sold by

Victorias Secret includes womens fragrances, specifically, perfume, cologne, eau de toilette, scented body sprays, body mists, and personal deodorants; shower gels; body lotions; body powders; and soaps, among others. 32. Victorias Secret sells personal care and beauty products, among others,

domestically through its Victorias Secret retail stores located throughout the United States and the Victorias Secret website as well as internationally through various distributors, franchised locations, retail outlets and its website. 33. Victorias Secret competes with Parfums to market and sell womens fragrances,

shower gels, body lotions, body powders, and soaps, among other products, to consumers in the domestic and international markets. 34. Defendant Victorias Secret Stores Brand Management filed an intent-to-use

application with the U.S. Patent and Trademark Office on January 28, 2011 for the mark VICTORIAS SECRET FANTASIES, serial number 85,228,512 (512 Application), in International Class 03 for the following goods and services: Body butter; Body creams; Body lotions; Body powder; Body sprays; Body wash; Eau de parfum; Eau de toilette; Non-medicated skin care preparation, namely, body mist. The VICTORIAS SECRET FANTASIES mark was published for opposition on April 12, 2011. See USPTO TESS printout for the 512 Application attached as Exhibit H.

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35. Application. 36.

The U.S. Patent and Trademark Office has yet to allow registration of the 512

On information and belief, to date, Victorias Secret has never alleged use of the

VICTORIAS SECRET FANTASIES mark at the PTO in connection with goods and services recited in the 512 Application. 37. Defendant Victorias Secret Stores Brand Management filed an intent-to-use

application with the U.S. Patent and Trademark Office on January 28, 2011 for the mark VS FANTASIES, serial number 85,228,516 (516 Application), in International Class 03 for the following goods and services: Body butter; Body creams; Body lotions; Body powder; Body sprays; Body wash; Eau de parfum; Eau de toilette; Non-medicated skin care preparation, namely, body mist. The VS FANTASIES mark was published for opposition on April 26, 2011. See USPTO TESS printout for the 516 Application attached as Exhibit I.

38. Application.

The U.S. Patent and Trademark Office has yet to allow registration of the 516

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39.

On information and belief, to date, Victorias Secret has never alleged use of the

VS FANTASIES mark at the PTO in connection with goods and services recited in the 516 Application. 40. On May 10, 2011 Parfums informed Defendants by certified mail and fax of

Parfums federal statutory and common law trademark rights in the Parfums FANTASIES Marks and its intent to oppose the VS FANTASIES Marks should Defendants fail to abandon the applications and cease and desist further use of the confusingly similar marks. See May 10, 2011 letter attached as Exhibit J. 41. On May 25, 2011 Victorias Secret acknowledged Parfums demand letter but

refused to abandon the 512 and 516 Applications. 42. Parfums BODY FANTASIES Trademark and FRESH WHITE MUSK

FANTASIES Trademark, first used by Parfums as early as 1996, and for which federal trademark registrations had issued in 1997 and 1999, respectively, are senior to any use Victorias Secret could claim in any FANTASIES mark, including those that are the subject of the 512 and 516 Applications. V ictoria s Secret s Subsequent Behavior 43. Despite Defendants notice of Plaintiffs opposition to Victorias Secrets use of

the VS FANTASIES Marks, on or about July 19, 2011 Victorias Secret launched its VS FANTASIES body care and fragrance line of products (VS FANTASIES line). 44. The launch of the VS FANTASIES line included an event featuring fashion

models posing with and using the product in the presence of members of the media. The event took place in and around the Victorias Secret retail store at The Grove, a major shopping and

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entertainment complex, in Los Angeles, CA. See Exhibit K for examples of VS FANTASIES line launch media coverage. 45. The launch of the VS FANTASIES line has also been promoted on the Victorias

Secret website: http://www.victoriassecret.com/beauty/vs-fantasies. See Exhibit B. 46. Upon information and belief, the VS FANTASIES line is being sold on the

Victorias Secret website: http://www.victoriassecret.com/beauty/vs-fantasies. See Exhibit B. 47. On July 21, 2011, private investigator engaged by Parfums entered the Victorias

Secret retail store located at 1499 Post Road, Fairfield, CT and observed Victorias Secrets use of the VS FANTASIES Marks in connection with various products offered for sale. See photographs of VS FANTASIES Marks used in Fairfield store attached as Exhibit L. 48. Parfums private investigator observed use by Victorias Secret of the VS

FANTASIES Marks on in-store advertising for various products offered for sale including womens fragrances, body lotion, body wash, body mist and related products. See Exhibit L. 49. Parfums private investigator purchased the following products from the Fairfield,

CT Victorias Secret retail store, all of which were advertised for sale in connection with the VS FANTASIES Marks: VS FANTASIES Vanilla Lace Fragrance Mist; VS FANTASIES Love Spell Fragrance Mist; VS FANTASIES Amber Romance Fragrance Mist; VS FANTASIES Strawberries & Champagne Fragrance Mist; and VS FANTASIES Pure Seduction Fragrance Mist. See Exhibit M for photographs of purchased products; and, Exhibit A for receipt of purchase.

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50.

On July 22, 2011, Parfums private investigator visited the Victorias Secret VS

FANTASIES website located at http://www.victoriassecret.com/sale/vs-fantasies-body-care and observed Victorias Secrets use of the VS FANTASIES Marks in connection with various products offered for sale. See Exhibit B. 51. Parfums private investigator observed Victorias Secret use of the VS

FANTASIES Marks in connection with online advertising for various products offered for sale through the Victorias Secret website including womens fragrances, body lotion, body wash, body mist and related products. See Exhibit B. 52. Parfums private investigator purchased the following products through the

Victorias Secret website on July 22, 2011 all of which were advertised for sale in connection with the VS FANTASIES Marks: VS FANTASIES Pure Seduction Must-have gift set (containing body wash, body lotion, and fragrance mist); and VS FANTASIES Amber Romance body butter. The order was filled by Victorias Secret and given order number 456654167. See online shopping bag web page, attached as Exhibit N; order review and payment web page attached as Exhibit O; order and payment processed web page attached as Exhibit P; and, email confirmation of online order attached as Exhibit Q. 53. During the purchase, Parfums private investigator entered the following shipping

address into the Victorias Secret online purchase checkout web page: 58 River Street, Milford, CT 06460-3381. See Exhibit O. 54. The order placed by Parfums private investigator through the Victorias Secret

website was filled by Victorias Secret and delivered by UPS to 58 River Street, Milford, CT

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06460-3381 on July 27, 2011. See shipping confirmation for UPS tracking number 1Z1824640399502812 attached as Exhibit R; UPS shipment tracking web page for tracking number 1Z1824640399502812 as Exhibit S; UPS proof of delivery web page for tracking number 1Z1824640399502812 as Exhibit T; exchange form indicating fulfillment of order by Victorias Secret attached as Exhibit U. 55. Victorias Secret was aware of Parfums and the Parfums FANTASIES Marks

when it launched its VS FANTASIES line. See Exhibit J. 56. Parfums has priority over Victorias Secret in its use of the Parfums

FANTASIES Marks for the goods and services advertised for sale by Victorias Secret under its VS FANTASIES Marks. 57. Parfums has priority over Victorias Secret in its use of the Parfums

FANTASIES Marks for the goods and services advertised for sale by Victorias Secret under its VICTORIAS SECRET FANTASIES mark. 58. The VS FANTASIES Marks and the Parfums FANTASIES Marks are similar in

sound and the dominant feature of each mark is the word FANTASIES. 59. VS FANTASIES Marks and the Parfums FANTASIES Marks invoke similar

imagery and are similarly suggestive of sensuality, dreams, and desire. 60. The VS FANTASIES line and the goods sold under Parfums FANTASIES

Brands are substantially similar. Both offer fragrances, body sprays, scented body lotions, and body wash designed for women. 61. Victorias Secrets VS FANTASIES line and the goods sold under the Parfums

FANTASIES Brands are offered through substantially similar channels of trade, namely their respective websites, http://www.victoriassecret.com (Exhibit B) and

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http://www.parfumsdecoeur.com (Exhibit C), http://www.fragrancerebel.com/, as well as bricks and mortar retail outlets throughout the United States and internationally. Both are also sold through the Amazon.com marketplace. 62. Victorias Secret VS FANTASIES line and the goods sold under the Parfums

FANTASIES Brands are targeted at similar prospective customers, namely consumers seeking fragrances, body sprays, scented body lotions, and body wash designed specifically for women. F i rst C laim for Relief T radema r k Infringement, F alse Designation of O rigin, and Unfair Competition in violation of the L anham A ct 15 U.S. C . 1114, 1125(a) 63. Plaintiff Parfums de Coeur, Ltd. restates and incorporates by reference each and

every allegation of the paragraphs above as if fully stated herein. 64. Parfums BODY FANTASIES is a valid and distinctive federally registered

trademark for womens fragrances, namely, perfume, cologne, toilet water; scented body sprays; personal deodorants; shower gels; body lotions; body powders; and soaps. The BODY FANTASIES Trademark is incontestible and entitled to protection under the Lanham Act. See Exhibit D. 65. Parfumss FRESH WHITE MUSK FANTASY Trademark is a valid and

distinctive federally registered trademark for womens fragrances, namely, perfume, cologne, toilet water; scented body sprays; personal deodorants; shower gels; body lotions; body powders; and soaps. The FRESH WHITE MUSK FANTASY Trademark is incontestible and entitled to protection under the Lanham Act. See Exhibit E. 66. Parfumss SEXIEST FANTASIES Trademark is a valid and distinct federally

registered trademark for womens and mens fragrances, namely, perfume, cologne, eau de toilette, aftershave, scented body sprays and personal deodorants; shower gels; body lotions;

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body powders; soaps. The SEXIEST FANTASIES Trademark is entitled to protection under the Lanham Act. See Exhibit F. 67. Parfums is a recognized provider of womens fragrances, body sprays, scented

body lotions, and body wash under the BODY FANTASIES Trademark, having used the BODY FANTASIES Trademark in connection with these goods and services since at least as early as December 26, 1996. See Exhibit D. 68. Parfums is a recognized provider of womens fragrances, body sprays, scented

body lotions, and body wash under the FRESH WHITE MUSK FANTASY Trademark, having used the FRESH WHITE MUSK FANTASY Trademark in connection with these goods and services at least as early as January 5, 1998. See Exhibit E. 69. Parfums is a recognized provider of womens fragrances, body sprays, scented

body lotions, and body wash under the SEXIEST FANTASIES Trademark, having used the SEXIEST FANTASIES Trademark in connection with these goods and services at least as early as January 2009. See Exhibit F. 70. Marks. 71. Victorias Secret commenced use of its confusingly similar VS FANTASIES The VS FANTASIES Marks are confusingly similar to Parfums FANTASIES

Marks in connection with the sale of womens fragrances, body sprays, scented body lotions, and body wash, on or about July 19, 2011. See Exhibit K. 72. Parfums FANTASIES Marks have been used in commerce earlier than either of

Victorias Secrets applications to register or actual use of the confusingly similar VS FANTASIES Marks in connection with substantially similar goods and services.

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73.

Parfums therefore has priority over Victorias Secret in its use of the Parfums

FANTASIES Marks for the goods and services advertised, sold and offered for sale by Victorias Secret under its VS FANTASIES Marks. 74. Victorias Secret had actual notice of the Parfums FANTASIES Marks as a result

of correspondence with Parfums counsel at least two months prior to Victorias Secret launching similar goods under the confusingly similar VS FANTASIES Marks. See Exhibit J. 75. Parfums did not consent directly or indirectly to Victorias Secrets use of the

confusingly similar marks VICTORIAS SECRET FANTASIES and VS FANTASIES. See Exhibit J. 76. Victorias Secrets unauthorized and willful use of marks confusingly similar to

Parfums FANTASIES Marks constitute a use in commerce that infringes Parfums exclusive rights in its federally registered Parfums FANTASIES Marks, and is likely to cause confusion, mistake or deception as to the source of the goods and services offered. 77. Parfums has been injured in its business and property by reason of the foregoing

Lanham Act violations in an amount to be determined at trial. 78. Moreover, Parfums is currently suffering irreparable injury as a result of

Victorias Secrets continued use of its confusingly similar VS FANTASIES Marks in connection with its competing personal care products, including fragrances, body sprays, lotions, and body wash. Victorias Secrets infringement, false designation of origin, and unfair competition has, and will continue to cause Parfums irreparable injury unless restrained by this Court. 79. Parfums remedy at law is inadequate to compensate for the damage currently

being inflicted by Victorias Secrets use of the confusingly similar VS FANTASIES Marks, and

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therefore Parfums also requests that Victorias Secrets use of the VS FANTASIES Marks in connection with the promotion and sale of competing goods be preliminarily and permanently enjoined. Second C laim for Relief Common L aw T radema r k Infringement, F alse Designation of O rigin, and Unfair Competition 80. Plaintiff Parfums de Coeur, Ltd. restates and incorporates by reference each and

every allegation of the paragraphs above as if fully stated herein. 81. Parfums owns protectable common law trademark rights in its distinct and

valuable Parfums FANTASIES Marks. See Exhibits D-F. 82. Parfums uses its trademarks in commerce and in conjunction with its legitimate

business operations, including the FANTASIES Brands goods and services. See Exhibit C. 83. Parfums is a recognized provider of womens fragrances, body sprays, scented

body lotions, and body wash under the BODY FANTASIES Trademark, having used the BODY FANTASIES Trademark in connection with these goods and services since at least as early as December 26, 1996. See Exhibit D. 84. Parfums is a recognized provider of womens fragrances, body sprays, scented

body lotions, and body wash under the FRESH WHITE MUSK FANTASY Trademark, having used the FRESH WHITE MUSK FANTASY Trademark in connection with these goods and services at least as early as January 5, 1998. See Exhibit E. 85. Parfums is a recognized provider of womens fragrances, body sprays, scented

body lotions, and body wash under the SEXIEST FANTASIES Trademark, having used the SEXIEST FANTASIES Trademark in connection with these goods and services at least as early as January 2009. See Exhibit F.

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86. Marks. 87.

The VS FANTASIES Marks are confusingly similar to Parfums FANTASIES

Victorias Secret commenced use of its confusingly similar VS FANTASIES

Marks in connection with the sale of womens fragrances, body sprays, scented body lotions, and body wash, nearly identical goods to the Parfums goods, on or about July 19, 2011. See Exhibit K. 88. Parfums FANTASIES Marks have been used in commerce earlier than Victorias

Secrets use of the confusingly similar VS FANTASIES Marks in connection with substantially similar goods and services. 89. Parfums therefore has priority over Victorias Secret in its use of the Parfums

FANTASIES Marks for the goods and services advertised, sold and offered for sale by Victorias Secret under its VS FANTASIES Marks. 90. Victorias Secret had actual notice of the Parfums FANTASIES Marks as a result

of correspondence with Parfums counsel at least two months prior to Victorias Secret launching similar goods under the confusingly similar VS FANTASIES Marks. See Exhibit J. 91. Victorias Secrets unlawful conduct is likely to create confusion concerning the

origin of goods or services offered or advertised, and constitutes trademark infringement, unfair competition, and false designation of origin in violation of Parfums trademark rights at common law. 92. Victorias Secrets common law trademark violations have caused and continue to

cause harm to Parfums by, among other things, causing Parfums to lose control of its business reputation, causing confusion, diverting customers, sales, and otherwise causing significant commercial loss.

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93.

As a result of Victorias Secrets actions, Parfums has suffered, and will continue

to suffer, irreparable harm and Parfums has no adequate remedy at law. 94. Victorias Secrets violations of law have damaged Parfums in an amount to be

determined at trial. 95. Parfums requests that Victorias Secrets use of the confusingly similar VS

FANTASIES Marks be preliminarily and permanently enjoined. T hird C laim for Relief Unfai r T rade Practices (Conn. G en. Stat. 42-110 et seq.) (C U T PA) 96. Plaintiff Parfums de Coeur, Ltd. restates and incorporates by reference each and

every allegation of the paragraphs above as if fully stated herein. 97. Victorias Secrets actions constitute unfair methods of competition and unfair or

deceptive acts or practices. 98. Victorias Secrets actions are continuing and have cause and will continue to

cause injury and damage to Parfums and its customers, in violation of Conn. Gen. State. 42110 et seq. 99. As a result of Victorias Secrets actions, Parfums has suffered, and will continue

to suffer, irreparable harm and Parfums has no adequate remedy at law. 100. Victorias Secrets violations of law have damaged Parfums in an amount to be

determined at trial. Fou rth C laim for Relief Interference with Prospective Business Relations 101. Plaintiff Parfums de Coeur, Ltd. restates and incorporates by reference each and

every allegation of the paragraphs above as if fully stated herein.

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102.

Parfums has prospective business relations with consumers seeking fragrances,

body sprays, scented body lotions, and body wash designed specifically for women, a market in which it has established itself since 1981. 103. Victorias Secret knew of these prospective business relations as a result of

correspondence with Parfumss counsel at least two months prior to Victorias Secret launching similar goods under the confusingly similar VS FANTASIES Marks. See Exhibit J. 104. Victorias Secrets intentional commission of the wrongful act of trademark

infringement and unfair competition without justification constitutes malicious interference with Parfums prospective business relations. 105. wrongful acts. 106. As a result of Victorias Secrets conduct, Parfums has been, and absent Parfums is incurring actual damages as a direct result of Victorias Secrets

injunctive relief, will continue to be, irreparably harmed. 107. 108. Parfums has no adequate remedy at law for the foregoing wrongful conduct. Victorias Secrets intentional interference with prospective business relations has

damaged Parfums in an amount to be determined at trial. 109. Parfums further requests that Victorias Secrets intentional and wrongful use of

the confusingly similar VS FANTASIES Marks be preliminarily and permanently enjoined. Prayer for Relief Wherefore, plaintiff Parfums de Coeur, Ltd., requests judgment in its favor against Defendants as follows: a. That pursuant to 15 U.S.C. 1116 and the equity jurisdiction of this court,

Victorias Secret and its officers, agents, employees, representatives, and all persons in privity

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therewith be preliminarily and permanently enjoined and restrained from using on or in connection with the importation, sale, offering for sale, distribution, exhibition, display, or advertising of its goods and services under the VS FANTASIES Marks, or any other trademark in combination with other words or symbols, or any other marks or symbols which are confusingly or deceptively similar to, or colorably imitative of Plaintiffs Parfums FANTASIES Marks. b. That Victorias Secret be directed to pay over to Parfums any and all damages,

including punitive damages, which they have sustained by consequence of Victorias Secrets statutory and Common Law Trademark Infringement, False Designation of Origin, and Unfair Competition; Victorias Secrets Unfair Methods of Competition and Unfair or Deceptive Acts or Practices under the Connecticut Unfair Trade Practices Act; and, Victorias Secrets Tortious Interference with Prospective Business Relations. c. That due to the willful nature of Victorias Secrets actions the amounts of actual

damages be trebled pursuant to 15 U.S.C. 1117. d. That pursuant to 15 U.S.C. 1117 and C.G.S.A. 42-110g, Victorias Secret be

directed pay Parfums its costs and reasonable attorneys fees for this action. e. That this Court grant such other relief as it deems just and equitable. Jury T rial Demanded Plaintiff Parfums de Coeur, Ltd. requests a jury trial on all claims. / / / / / / /

Case 3:11-cv-01277 Document 1

Filed 08/11/11 Page 22 of 22

Respectfully Submitted,

By:

/s/ Matthew C. Wagner Matthew C. Wagner (ct25926) mwagner@dmoc.com Scott Harrington sharrington@dmoc.com DISERIO MARTIN OCONNOR & CASTIGLIONI, LLP One Atlantic Street Stamford, CT 06901 Telephone: (203) 358-0800 Facsimile: (203) 348-2321 Attorneys for Plaintiff

Dated: August 11, 2011