When most people think of “Victoria’s Secret” they think of secretly sexy
lingerie or the rumors from websites like Wiki.com that Victoria is a man. (The person who started Victoria’s secret was not a woman but was indeed a man. His real name is Victor.)  What people don’t think of: Baseball fans. In March 2010, Victoria’s Secret and Major League Baseball Properties launched an exclusive co-branded merchandise deal that prominently feature Victoria’s Secret PINK mark, and the names and logos of 11 major league baseball teams. This way there will be no consumer confusion as to the source or sponsorship between MLB and VS.

But how exacally did this use of MLB team names and logos on Victoria’s shirts make it all the way home without an infringement suit?

Under the Lanham Act, a trademark infringement exists if there is a likelihood of confusion between the senior user’s mark and the junior user. Every Circuit Court of Appeals has their own set of factors, for example, in the 2nd Circuit it is the Polaroid factors. However, the main purpose is all the same: to protect the consumer from being confused and purchasing the wrong item. So, how did VS and MLB get around this?

It is called merchandise licensing. Merchandise licensing creates cooperative working relationships between two companies, in this case between MLB and Victoria’s Secret. It assures that all merchandise bearing the MLB trademarks, promotes and protects the image of MLB while fulfilling the needs of consumers.

So, what team are rooting for this season? Here is the list of all 11 MLB teams that Victoria’s Secret has deals with: Boston Red Sox, Chicago Cubs, Chicago White Sox, Los Angeles Angels of Anaheim, Los Angeles Dodgers, Minnesota Twins, New York Mets, New York Yankees, Philadelphia Phillies, San Diego Padres and St. Louis Cardinals.