Love Made, LLC sued Victoria’s Secret (VS) alleging the that VS’ use of LOVE MADE ME DO IT on a tote bag and on a neon sign infringed Love Made’s trademark and copyright.
Love Made owns a trademark registration on LOVE MADE ME DO IT for apparel, which claims a first use of the mark in commerce in April 2013. Love Made operates a website at love-made.com.
LOVE MADE ME DO IT was not coined my Love Made, it appears. Its the name of a 1978 (or 1983) song by Danniebelle Hal and a 2010 album by Swedish singer Elon Lanto. However, there’s no requirement that one coin a phrase in order to generate trademark rights in it.
Sometimes when a phrase in is wide use it fails to function as a trademark. Although the phrase was used in some places, quick internet searching does not clearly show it to be in such wide use that it fails to function as a trademark.
Love Made, LLC v. Victoria’s Secret Stores, Inc, No. 2-18-cv-00099 (C.D.Cal 2018).