'Sexy' Hair Fight Spills Into New York Court

October 5, 2015

NEW YORK (AP) — Victoria's Secret finds itself in one “sexy” legal fight after a trademark board ruled that its “So Sexy” hair products create confusion with a rival company's family of trademarks.

The latest tussle over who has legitimate claim to what's “sexy” in tresses came late Friday, when Victoria's Secret filed court papers challenging a federal Trademark Trial and Appeal Board ruling in favor of Sexy Hair Concepts LLC.

The board concluded in April 2007 that consumers were likely to confuse the lingerie giant's “So Sexy” trademark for hair-care items with Sexy Hair Concepts' various trademarks using the word “sexy” for its own coiffure line.

In papers filed in U.S. District Court in Manhattan, Victoria's Secret said it wants the court to consider a study it conducted. The survey found only five of 308 people who bought hair-care products associated the word “sexy” with a single company and made any reference to Sexy Hair Concepts and its offerings.