Issue No. 054
September 16, 2026
New York
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The IP Briefing · by ESCA Legal
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| Victoria's Secret filed an Ohio federal trademark lawsuit against British luxury shirtmaker Thomas Pink over a new line of women's casualwear and athleticwear. |
| § | The complaint was filed September 11 in the Southern District of Ohio. | | § | Victoria's Secret alleges that Thomas Pink's expansion into women's apparel infringes its PINK trademarks. | | § | The dispute places the parties' fashion brands in overlapping product categories despite their history of trademark conflict in other markets. | | § | The case seeks federal review of whether Thomas Pink's expanded use creates actionable consumer confusion in the United States. |
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| Continue reading → |
| § ESCA Takeaway |
| Brand expansion can turn coexistence into direct competition. This issue follows a fashion trademark complaint over adjacent product lines, a celebrity fee motion after dismissal, a music distribution case involving allegedly infringing recordings, and a gaming dispute over digital locks. |
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| More IP Stories |
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| § Trademark · Filed |
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| Lady Gaga asked a California federal judge to require Lost Surfboards to reimburse $232,484 in legal fees after its Mayhem trademark case was dismissed with prejudice. |
| § | The fee motion was filed after the court rejected Lost's claims over Gaga's album, tour, merchandise, and stylized Mayhem logo. | | § | Gaga argues that the case qualifies as exceptional under federal trademark law because Lost's legal position was weak and the litigation was pursued unreasonably. | | § | Her filing points to Lost's continued litigation after an injunction request failed and its effort to take a full-day deposition during an international tour. | | § | Lost previously maintained that the dismissal was incorrect and indicated that it intended to appeal. |
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Why it matters
The motion shifts the dispute from likelihood of confusion to the cost of pursuing an unsuccessful brand claim. A fee award would require the court to decide whether the case was exceptional, not simply whether Lost ultimately lost.
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| § Copyright · Filed |
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| Universal Music Group companies sued DistroKid in Delaware federal court, alleging that the distributor continued placing infringing recordings on streaming services and misrepresented its approach to artificial intelligence content and fraud. |
| § | The complaint identifies 1,000 recordings and seeks statutory damages of up to $150,000 per work. | | § | UMG alleges that DistroKid continued distributing recordings after acknowledging that it lacked rights in them. | | § | The claims distinguish disclosed artificial intelligence music from tracks allegedly presented as authentic artist-backed releases. | | § | DistroKid has not yet filed a public response to the complaint. |
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Why it matters
The case connects traditional sound-recording infringement claims with distribution practices for high-volume artificial intelligence content. It focuses on what a distributor does after receiving notice and how representations about authenticity affect the music market.
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QUICK HITS
| § Copyright | Denuvo filed a Northern District of California lawsuit accusing the anonymous game cracker voices38 of violating the DMCA by bypassing its Anti-Tamper system across 26 games, including Hogwarts Legacy, Doom: The Dark Ages, and Resident Evil Requiem. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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