The lawsuit was allegedly filed in a federal court in Ohio by Victoria's Secret after it became apparent the brands had opted for the same term in its individual product range.
Urban Decay uses the term for its newest foundation and a color cosmetic palette called Naked (and its sequel, Naked 2), while Victoria's Secret has operated an underwear line under the name ‘The Nakeds by Victoria's Secret’ since 2010, and as of June this year, introduced a cosmetic line called ‘The Nakeds.’
In a letter last month, Urban Decay allegedly warned Victoria's Secret that it was violating the Newport Beach company's trademark and insisted that Victoria's Secret "immediately cease all production, marketing, promotion, sale and distribution of the Nakeds palette," and to “give all existing inventory and marketing materials to Urban Decay to be destroyed.”
The cosmetic company then set a deadline of July 27 to meet its request, while Victoria's Secret wants the federal judge to rule that the lingerie company is not infringing on Urban Decay's trademark and to remove Urban Decay's trademark of the name ‘Naked’ in connection with personal care products including cosmetics.
Meanwhile Victoria's Secret claimed in its lawsuit that the term 'naked' is too broad for trademark protection and consumers would not be confused by two lines of makeup named 'Naked,'.