Lingerie brand Victoria’s Secret has lost its battle with the shirtmaker Thomas Pink over the right to use the name Pink.
US-based Victoria’s Secret launched its “college girls” Pink brand in 2004 in the US and opened a UK store in Bond Street in London in 2012.
LVMH-owned Thomas Pink took the brand to court over the use of the name. The High Court held that Victoria’s Secret’s use of the name Pink in the UK infringes on Thomas Pink’s UK and European Community trademarks.
Jonathan Heilbron, president of Thomas Pink, said: “We… will continue to protect the considerable investment that has been made into building Thomas Pink into a leading luxury clothing brand.”
The decision could mean Victoria’s Secret will have to stop using its Pink brand in the UK.
Tom Carl, senior associate at law firm Taylor Wessing, said: “This decision does not mean it's open season for any fashion brand to trade mark and attempt to monopolise colour names.
Thomas Pink's 'PINK' trade mark is only registered in a specific logo form – not the word itself – and the court held that it was only valid due to having 'acquired distinctiveness' among consumers, having been used as a brand since the company opened its doors in 1984.”