Posted on 03/30/2006 5:29:07 PM PST by canuck_conservative
Lingerie giant Victoria's Secret is waging a cross-border bra battle with La Senza over who can lay claim to selling the world's comfiest brassiere.
In documents filed with the Ontario Superior Court of Justice, U.S.-based Victoria's Secret accuses the Canadian panty purveyor of stealing sales with a "knock off" push-up bra, one that is inferior to its patented IPEX wireless offering -- the "world's most advanced bra."
"The defendant is passing off its wares" as Victoria's Secret bras, the claims says.
Staff are pushing La Senza's new bra line when they answer the phone at the Canadian company's Toronto Eaton Centre location, Victoria's Secret says.
And, even more galling, Montreal-based La Senza has launched a copycat marketing campaign for its ITEC brand, piggybacking on IPEX's success, the larger lingerie maker claims.
The latter bra collection -- which promises "micro-smooth fabric" for US$42 and up -- is one of the international lingerie maker's top sellers, generating about US$150-million in revenue last year, Victoria's Secret claims.
Canadians buyers slapped down more than US$600,000 on Victoria's Secret's new bras in every province and territory -- including Nunavut -- since they burst on to the scene last year.
Not to be outdone, La Senza promises that its $44.50 one-piece molded bra -- available in such colours as Chocolate Kiss and Suntan -- is tag, seam and stitch free, while giving "just the right amount of weightless push-up shaping."
That amounts to what La Senza calls "the world's most revolutionary one-piece bra."
"An innovative design giving new meaning to the words 'sleek' and 'sexy,' " boasts La Senza's Web site.
But Canadian consumers are being "deceived into believing" they are getting a Victoria's Secret product, the claims says. In fact, those underwear enthusiasts are getting a " less expensive and non-patented product sold in association with a confusingly similar [brand] mark."
Victoria's Secret is asking for $1-million in punitive damages, along with other damages to be "determined by the court."
The U.S. company also wants La Senza to account for any profit its generates from ITEC brand sales.
La Senza, which posted sales of $355-million last year, has not filed a statement of defence and none of the allegations has been proven in court.
The company's president was not available for comment yesterday, a spokeswoman said.
While Victoria's Secret does not own retail stores in this country -- it has 1,500 locations in the United States -- the company says it has sold US$90-million worth of lingerie to Canadians through an Internet site and mail catalogue during the past five years.
That catalogue was mailed to more than three million households in Canada last year.
"[Victoria's Secret] has become extremely well-known to the public in Canada," says the 14-page statement of claim filed on Feb. 28.
Disputes over trademarked clothing and other products are not unusual in the retailing industry: Lululemon sued a rival for selling an allegedly copycat version of its popular yogawear two years ago, while Krispy Kreme Doughnuts went to court to prove it was the only baker allowed to call its sweet treats "Original Glazed."
© National Post 2006
I need to see MUCH more evidence before I can decide.
Finally an uplifting story on FR.
Just eleminate the damned underwire.
It seems they are giving tit for tat on this issue.
Actually, both parties sound like boobs.
Nice play on words..very well done.
Over the shoulder boulder holder bump......
VS is just trying to keep from going bust; I hope they're not strapped for cash.
Now that's some nice graphics.
A knock off for your knockers?
Hard to decide. I better look again.
A woman's comfiest bra are my loving hands.
"Nice play on words..very well done."
Cross your heart?
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