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FORTUNE DYNAMIC v. VICTORIA'S SECRET STORES BRAND

No. 08-56291.

618 F.3d 1025 (2010)

FORTUNE DYNAMIC, INC., a California Corporation, Plaintiff-Appellant, v. VICTORIA'S SECRET STORES BRAND MANAGEMENT, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2010.

Attorney(s) appearing for the Case

James C. Fedalen , Huang, Fedalen & Lin, LLP, Encino, CA, for the plaintiff-appellant.

Diana M. Torres , Kirkland & Ellis LLP, Los Angeles, CA, for the defendant-appellee.

Before THOMAS G. NELSON, JAY S. BYBEE, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

BYBEE, Circuit Judge:

In February 2007, Victoria's Secret ran a one-month marketing campaign promoting its new line of BEAUTY RUSH product. As part of that promotion, Victoria's Secret stores sold or gave away a hot pink tank top with the word "Delicious" written across the chest in silver typescript. Fortune Dynamic, Inc. ("Fortune"), the owner of the incontestable trademark DELICIOUS for footwear, sued...

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