I don't claim to be an expert on hair, or sexiness, but I'd be willing to wager that far fewer people have heard of "Sexy Hair Concepts LLC" than have heard of Victoria's Secret. Nevertheless, Sexy Hair Concepts somehow managed to persuade a Trademark Board that "consumers were likely to confuse the lingerie giant's 'So Sexy' trademark for haircare items with Sexy Hair Concepts' various trademarks using the word 'sexy' for its coiffure line." Consumers will be wandering around in a sheer sexiness daze! Victoria's Secret's response to the ruling: you trademark people must be crazy:
In papers filed in Manhattan Federal Court, 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.
Victoria's Secret, which also introduced the Very Sexy bra, said its study proves "that the word 'sexy' has not acquired distinctiveness among purchasers of hair care products."
To be fair, if Sexy Hair Concepts loses their Sexy monopoly, they will have some serious branding problems. Their product line: