Bath & Body Works Takes Summit To Court Over Twilight

Summit LogoAccording to Yahoo:

Bath & Body Works is suing the distributor of the “Twilight” films, hoping to get a declaratory judgment that its “Twilight Woods” line of lotions, shower gels and other products doesn’t infringe the trademark on the hit vampire franchise.

This might be the best toiletry-related lawsuit since Johnny Carson’s estate won a permanent injunction to stop “Here’s Johnny Portable Toilets” in December.

The retailer says it’s under threat from Summit Entertainment because its lotions and other bathroom products allegedly rip off the design and color palate of “Twilight” promo materials.

Confusion in the marketplace? Summit allegedly thinks so. Now Bath & Body Works has beat Summit to the courthouse to stake its claim in federal court in Manhattan.

“The term ‘Twilight’ is used so as to evoke the idea of a particular time of day when the sun is just below the horizon, illuminating the landscape,” the lawsuit says. “Whereas defendant uses the term ‘Twilight’ to refer to defendant’s teen vampire saga.”

Summit is currently involved in a myriad of legal action connected to the Twilight Saga:

Blockbuster not paying for Eclipse DVD’s
Musician who tried to connect his music to Twilight.
The scout who found Twilight wanting more money
Legal action surrounding the illegal distribution of Eclispe photos.

There was also previous legal action regarding the Bella’s jacket and the Twilight perfume that reused a bottle design from another company.

Comments

  1. I must admit that this is my favorite scent that Bath & Body Works makes, however I never thought it was related to the movie. I think Summit needs to stop being so dang sue happy!

    • I haven’t seen it, but if it really is the same color scheme and the fact that it’s called Twilight WOODS… it’s well known how much of the Twilight books take place in the woods. Even subtleties in advertising strongly affect the audience. I think it’s too much a coincidence, considering Bath and Body works sells mostly to woman.

  2. Brittany Clark says:

    To be honest, as an avid reader of this website, I’ve been wondering when “TWilight Woods” would be making a “guest appearance” here. I liked the scent at first, but it didn’t appeal to me because my first thought was “Hey, they’re trying to get popular along with th eTwilight Franchise”. The scent is a bit too mal for me.

    • I too Brittany wondered when this would happen. I love Bath & Body Works and when Twilight Woods came out looking vagely similar I told my husband that it was too much a coincidence and I knew that Bath & Body Works would be hearing from Summit. The books and the movie was already out before Twilight Woods made it to the marketplace.

  3. This is all getting rather ridiculous. Twilight was a word before the book. It should be allowed to be used in other places. geez. I can understand people trying to steal ideas, but this is just dumb. I bought a scentsy fragrance that was called twilight and it was red….I think I should notify Summit.

    • yea that’s true but don’t you think it’s weird that they came out with it during this whole Twilight hype ? And it does smell like Twilight and I know that’s sounds dumb but it does.
      I thought it was Twilight related and that’s why I bought it so they must be doing something right.

      • Actually it takes them over 2 years to get a new fragrance done (on the basic scent level) and then another 2 for naming and marketing ideas… so technically this has been in the works for a very long time and just so happened to come out during the height of “twilight mania”

      • Summit's Kinda Lame says:

        Summit can be REALLY lame… they want to sue anyone and everyone over the tiniest things because they are just GREEDY MONEY GRUBBERS! They do NOT own the copywrite on the words ‘twilight, new moon, eclipse, or breaking dawn’ they do NOT own the font, they do NOT own the color schemes! They need to back the F off and grow up! The BBW fragrance is TOTALLY unrelated and has been in the works for years! This stuff doesn’t just pop up over night, not from a HUGE company like this. I’m SO sick of hearing about Summit suing this person or that person…They are really ruining all the good hype

    • *snicker* No Dawn you miss the point..Summit is claiming the name along with the color scheme..you know the brownish. *rolls eyes* Now when they call that Red Twilight changes it’s name to “Volturi” “Jane’s Pain” “Real Vampire” “Not a Veggie” ..you get the point.
      What I’m waiting for it them to claim ownership of the fan started “TEAM” shirts!
      I’m going against the grain..I’m TEAM HEYERDAHL – MARCUS. Marcus is the original Emo pout-y Vampire.
      Even at 100+ Edward looks too much like my son’s age for me to join the team! :)

  4. I love B&BW’s Twilight Woods…and, yeah, I bought it the first time because it the packaging reminded me of Twilight, but I keep buying it because I love the fragrance and I love their products. Did it ever occur to either company to team up and market the fragrance and movies together…they could make more money TOGETHER, than suing each other.

  5. Last time I went shopping at that place my mom was asking about that scent. She was joking and going on about how people might think it’s ‘Twilight’ related and the lady told her she’s been asked that a lot. That she’s watched a lot of people buy the fragrance thinking that very thing. I kinda got the vibe that they didn’t really tell people that it wasn’t related to the movies.. so maybe other stores are doing that to. Not necessarily promoting it as ‘Twilight’ but not exactly saying it isn’t either. IDK. Summit does seem to be “sue happy” indeed. XD

  6. I bought Twilight Woods because it reminded me of Twilight. When it came out, I remember thinking that Bath and Body Works is jumping on the Twilight train and capitalizing off of Twilight’s success.

    It was also released around the same time as New Moon…November 2009.

  7. Cheryl Lynn says:

    I use Twilight Woods because it smells good… not because of it’s name.

  8. daisyduck says:

    I was in Boston on holiday recently and saw those products in Bath and Body Works (we don’t have them in Europe, unfortunately- great shop. I loved it). As soon as I saw it I thought they were pushing their luck. What did they think would happen when they used those colours, those words and those images? They were blatantly jumping on the Twilight bandwagon. They took the chance and now they’re paying for it. I’m amazed they didn’t get advice from their lawyers before they launched the product line.

  9. they are so stupid not every thing that has twilight on in it is about the movies i think every company who has ever had a brand with word twilight on it before summit made this movies should come together and sue the crap out of summit their getting really greedy it makes me not even wont to give them my money

  10. When I first heard of it the scent I immediately thought of the Twilight Saga. And my mom bought it for me because she knows the love I have for Twilight. So I’m not surprised Summit is doing this. BBW didn’t release this scent until AFTER the success of the Twilight films.

    • It might have been released after the books and movies became popular, but that doesn’t mean that the scent has anything to do with the franchise. As someone posted before, it takes years of testing to develop a scent and then put together a name and marketing scheme. I think Bath and Body Works is right it this case. Just because something uses the word “twilight” doesn’t mean they are mooching off of the franchise.

  11. The word “twilight” shows up everywhere. While the Bella Coat was a direct thing, I think the word is just part of the zeitgeist now.

    Summit’s attorneys must get paid by the hour. Kind of spoils the Twilight buzz. It’s not as bad as their hard-nosed & public contract negotiations with the actors, but cumulatively…

    Regardless, I would love to see the court briefs with combating references to the comments on this thread by Sia, McKee21 and, of course, angel23. Lol!

    Accordingly, I’ll just add this amicus brief: We’re Twilight fans; we see Twilight everywhere!

    • Brandi W. says:

      I have to admit, every time I am reading a book if the word twilight is on the page my eyes stop for a brief second and my stomach flutters as I am instantly reminded how much I love this story and characters and the experience of reading(and re-reading)the books. As if the word actually didn’t exist before these books. Such a Twinerd!

  12. jennifer says:

    I immediately thought they were riding Stephenie Meyer’s coattails – I even texted the friend who turned me on to Twilight when I first saw the announcement about the new scent because it made me angry. The bottles look JUST like the first page leaf in the books!!! I’m surprised Hatchette Book Group didn’t go after B&BW. However, I do like the scent. It WAS my fave…until they came out with Dark Kiss….of course that name conjures up vampires too, doesn’t it???

  13. This is the first I’ve heard of this line, allergies keep me out of those kind of stores. I went to their web page and looked at the product name. To me it does not look anything like the movies font for Twilight. “Twilight” was a common enough word before the book. I think Summitt is going a bit overboard on this one.

  14. Wow, so Summit now thinks they own the word “twilight”? Please… Like “twilight” didn’t exist before Stephenie or them. Summit should just stop with the law suits.

    • MariposaAlice says:

      Um, Bath and Body works is suing Summit, not the other way around.

      • I was talking in general. Summit has sued people based on ridiculous things, like the girl shooting a birthday video in theatre while watching New Moon. Summit is acting stupidly, they shouldn’t try to claim as their property everything that can be even remotely related to Twilight. It’s pathetic. I think it’s great that Bath & Body Works is fighting for their right to use the word “twilight” in their products.

  15. I’m going to change my name to Twilight and see if I get sued. WISH ME LUCK! LOL

  16. Summit isn’t the sue-r here, so to speak. Bath and Body works is. Summit complained, but they didn’t file the suit. As for the other cases. They are within their rights to sue Blockbuster for not paying for the dvd’s the got. They are not the ones suing in two of the other cases either, they are being sued. So it seems more like a “let’s sue Summit!” problem.

  17. This is one of my fav scents from BBW. However, we all know where the name and design label came from. They should just admit they were “inspired by” and do what they have to do to keep it on the market. Summitt and SM can’t prevent everybody from being “inspired”.

  18. Not too surprised to see this happening. However, I think that BBW is absolutely insane in trying to deny that there is any connection between the development/design/marketing of the “Twilight Woods” line of products and the success of the Twilight movies and books.
    Case in point: The “Twilight Woods” line of products contains two items that I have never seen in any other of the store’s “signature” scents. Both of these items (a lotion and a body spray) have an element of shimmer to them. The body spray has more of an effect than the lotion does (I actually used it for Halloween) but both products leave your skin with a noticeable sparkle. The connection wouldn’t be so apparent if, for example, the same products were made in Cucumber Melon or Midnight Path (two of the store’s other scents) but they’re not.
    For Bath and Body Works to develop a scent named Twilight Woods, package and market it the way they have, and include new products that imitate one of the defining characteristics of the saga’s main characters and then deny any connection is laughable. They were asking people to make the connection-it just so happens that some of those people were lawyers at Summit.

  19. Umm… the article says that it is Bath & Body Works suing Summit, NOT the other way around from what I understand other posts discuss. I think its a ridiculous move by B&BW saying that it is under any threat from Summit. If the reverse where the case (Summit being the one suing), I could understand, I’m sure B&BW has made a pretty penny from consumers automatically relating the scent to Twilight. Talk about a frivolous lawsuit…

  20. leanne23 says:

    Here we go again Summit. So many lawsuits they are involved in BAD BUSINESS no matter what side they are on TERRIBLE PR. Bad Karma sucks.

  21. I don’t know about B&BW’s merchandise, but I have noticed a lot of “Twilight”-named products on the market since the first movie came out.

  22. Twilibrarian says:

    It doesn’t take a rocket scientist to figure out that Bath and Body Works did this because of the Twilight phenomenon. Very smart marketing on their part. The packaging is very similar to Twilight advertizing, and was meant to captitalize on the success Summitt has had with Stephenie’s little “dream.” There is the “law” and the “spirit of the law.” What was B&BW intent? To sell product. Ithink Summit has the upper hand here. Why would B&BW creat a “twilight woods” line if it werent for the franchise. I’m surprized Summitt took this long!

  23. MariposaAlice says:

    When I asked the employers at Bath and Body Works for their ‘Twilight’ scent, they even went after, ‘I love that movie!’ when showing me where they had it. Yeah, Twilight means a time of day. But HONESTLY, girls, how many of you have heard of that word before reading the books? And c’mon, Twilight WOODS? Twilight takes place in Forks, Washington, which is very wood-sy, and the label looks a lot like something Twilight people themselves would market.

    • MariposaAlice says:

      Btw, everyone needs to start reading that post better, or put on their reading glasses. It says that Bath and Body Works are suing Summit, not the other way around. So, yeah guys, no reason to yell at Summit for suing, since they aren’t.

  24. I disagree tho but as previously stated it can take up to 4 years before a perfume is released so it may of been in the process for a long time!!

    god in the UK we have had Twilight Washing Powder and other twilight things since the twilight craze started!!!

    I think summit should just get over it

  25. of course i kinda rolled my eyes the first time i saw it on the shelf at bath and body works, but i was hooked that very day when i smelled the scent. it’s delicious and now one of my best friends wears it and it’s totally HER. i’d be really bummed if they had to remove it from their line.

    i agree that it’s just smart business. the name, packaging, and even the scent description is just close enough to hook us, but not enough to have to be sued over. the preemptive suing is kinda weird.

    just don’t take away a great scent!!

Trackbacks

  1. [...] Yahoo via Twilight Lexicon) Posted in [...]

  2. [...] Source AKPC_IDS += "12003,";Popularity: unranked [?] Permalink | Email This Post | No Comments See More Bath & Body Works [...]

  3. [...] Excerpt from: Twilight Lexicon » Bath & Body Works Takes Summit To Court Over … [...]

  4. [...] TwilightLexicon: Confusion in the marketplace? Summit allegedly thinks so. Now Bath & Body Works has beat [...]

  5. [...] that looks exactly like the one above, but I promise it’s not called Twilight Woods. Dumb. [1 [...]

Leave a Comment

*