According to published media reports (I have not reviewed a copy of the filed complaint), Juicy Couture is apparently upset over VS’s Pink line of clothing products alleging that they are confusingly similar to Juicy Couture’s own popular clothing lines (“Pink has applied slogans across the seat of pants which famously originated with Juicy Couture and identifies its brand.”).
Juicy Couture also objects to certain candy-shaped product packaging introduced by VS last October (click here for one account of these new products). Juicy Couture apparently is objecting to VS’s “Panty Pops” (ladies underwear packaged like lollipops), “Panty Candy” (a line of thongs packaged like bon-bons) and “Camy and Panty Cone” (a holiday gift set with tank top and matching underwear wrapped in an ice-cream box).
“Camy and Panty Cone”
Juicy Couture's Sweet Shoppe Charm Bracelet
Juicy Couture appears to be trying to corner the market on terrycloth shorts and sweatpants with slogans across the seat of the pants. As for Juicy Couture’s trade dress claims, while I could not find any pictures of Juicy Couture’s product packaging online (which does make you wonder how unique, distinctive, and recognizable it could be), I doubt that Juicy Couture’s product packaging is so distinctive that it has come to be recognized as a unique source identifier for Juicy Couture – instead of merely novelty product packaging appealing to a female audience.