Ohio-based apparel firm accused of misleading customers

In a Complaint unsealed in federal court in Columbus, Ohio where Victoria's Secret is headquartered, New Jersey-based hosiery designer Zephyrs alleges that Victoria's Secret is misleading customers by selling less expensive, Canadian-made stockings while intentionally using photographs of Zephyrs-designed Italian-made stockings on packaging and in store displays.  The less expensive copies are missing key design features, Zephyrs claims.

The Complaint also alleges that, facing stagant profits and mounting debt, in order to unlawfully reduce its expenses, the retailer has contacted Zephyrs' suppliers directly with the intent to copy their designs, in violation of its written contracts from 2001.

Exhibits show a number of differences between the Zephyrs-designed products depicted on the packages and the actual stockings, including cheaper lace trim, irregular borders, less durable construction and missing heel reinforcements.

In addition to seeking damages for breach of contract, the lawsuit alleges unfair competition and false advertising in violation of federal and state consumer protection laws, including consumer fraud in California, New Jersey, New York, Connecticut and Ohio. 

The suit also seeks corrective advertising and a recall of the accused products, which may have been sold in over a thousand Victoria's Secret stores, and on one of the Internet's most popular websites, VictoriasSecret.com.

The Complaint was filed confidentially by Zephyrs on August 10, with the Court ruling that the public's right of access to information concerning pending litigation justified releasing the details to the public.

The Complaint was filed by the New York-based brand protection law firm Gioconda Law Group PLLC. 

Gioconda Law Group PLLC