Victoria’s Secret may have to withdraw its Pink brand from their UK stores after Thomas Pink won an infringement case against the company. The luxury shirtmaker took Victoria’s Secret to court after they brought out the Pink lingerie range claiming that it would tarnish his image. He claimed that the name was confusing customers and that the high-end brand’s reputation could be damaged by association. Despite the racy lingerie label arguing that they both target very different markets, they lost the battle in court.
The judge agreed that Thomas Pink’s luxurious reputation was put at risk by Victoria Secret’s ‘sexy, mass market appeal’. The brand, which started trading in London in 1984, is known for quality and tradition so it is no surprise they wanted to defend their name.
Mr Justice Birss ruled that Victoria Secret’s use of the name Pink on its goods and as the name of its stores was an infringement of Thomas Pink’s trade mark rights.
The judge said: “The defendant’s overall business is a legitimate one. Nevertheless, it is one which had been associated with some controversy, no doubt because “sexy sells”… Examples were in the evidence of goods which had to be withdrawn by the defendant after complaints. The defendant’s business aims to have a sexy, mass market appeal.”
Jonathan Heilbron, president and chief executive officer at Thomas Pink said of the result: “We are delighted with the outcome of this case, and will continue to protect the considerable investment that has been made into building Thomas Pink into a leading luxury clothing brand.”
