The owner of a small business in Omaha told WOWT 6 News Wednesday that her company answered allegations from Victoria's Secret that it's Pink brand can be damaged by her basement business.
According to Beka Doolittle, who owns The Pink Store.com, Wednesday was the deadline to file an answer with the US Patent and Trademark Office.
"We are denying allegations made by Victoria's Secret that there is enough evidence to cause consumer confusion between the two companies."
A discovery conference is set for March 21st between the lawyers on both sides to discuss settlement options.
Original Story Published February 7, 2014
A legal tug of war is brewing over a trademark. It's classic David versus Goliath story with a small Omaha business holding name rights that a billion dollar company wants the government to take away.
The owner of The Pink Store store contacted WOWT6 Fact Finders first to investigate.
Beka Doolittle’s one woman basement business is The Pink Store.com. A name she trademarked a year ago. Doolittle says, "The passion for pink, I thought you know what I bet I can make this a business."
But she's been seeing red about a complaint filed with the us trademark office by Victoria’s Secret. Doolittle says, " They’re a multi-billion dollar, internationally known company and saying my little company can cause consumer confusion.That's crazy"
In an 18 page petition Victoria's Secret claims its Pink brand has six billion dollars in sales that can be damaged by the Pink Store. com trademark. The petition alleges customers might think the companies are connected. Certainly not by comparing net worth. The Pink Store is not operating in the red. Beka says it takes in about a thousand dollars profit a month, selling not just women's but men's clothes like a pink tie.
As a customer Beka Doolittle bought some Victoria's Secret clothing but says her on line company doesn't sell anything like it.Doolittle says, "We don't sell bras and panties, or lingerie. We sell candles and journals."
Victoria secret has pitched Doolittle offers to settle if she doesn't open a store front. But she has a growing business. Doolittle says, "5-6 orders since last night."
But even legal fees won't stop her from fighting to keep her brand.
Beka Doolittle/the pink store says, " I don't mind taking on the big boy, actually it’s more like the big girl."
Beka Doolittle has ten days to send the U-S Patent and Trademark office her argument for why she should keep the trademark of the Pink Store dot com.
She’s not alone. Nearly two dozen other companies world wide face a similar trademark challenge.
The attorney for Victoria’s secret has not returned our call.