A&H SPORTSWEAR INC.; MAINSTREAM SWIMSUITS, INC. v. VICTORIA'S SECRET STORES, INC.; VICTORIA'S SECRET CATALOGUE, INC., Appellants, 166 F.3d 197

Summary

Plaintiffs brought a trademark infringement action against defendant challenging defendant's use of the trademark THE MIRACLE BRA on lingerie and swimwear. The trial court found infringement by defendant on the ground that its use of THE MIRACLE BRA on swimwear created the possibility of confusion with plaintiff's MIRACLESUIT swimsuit. Defendant argued that the trial court erred in using the possibility of confusion standard rather than the prevalent likelihood of confusion standard. The court held that a plaintiff seeking to show trademark infringement under the Lanham Act must prove that there is a likelihood of confusion between the marks at issue. The court did not attempt to define likelihood of confusion, leaving that to case-by-case-development. Therefore, the court remanded the case for further consideration.