Pink Trademark

Thomas Pink wins the right to use the name Pink over Lingerie brand Victoria’s Secret

US based company Victoria’s Secret launched its “college girls” Pink brand in 2004 in the US and subsequently opened a UK store in London in 2012.

Thomas Pink owned by LVMH 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.”

Victoria’s Secret may 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 trademark and attempt to monopolise colour names”

Thomas Pink’s ‘PINK’ trademark 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

Moral of this story…get your brand name protected with a trademark in both plain font and stylised form. The case may not have been won, if it was a new brand that had not built up acquired distinctiveness since 1984.

We would be more than happy to apply a discount on our legal fees for a second trademark application. We specialise in UK, EU and US trademarks but can file anywhere in the world.

Jane@trademarkroom.com

www.trademarkroom.com