Luxury clothing brand wins infringement case

A London High Court ruled that Fashion brands can protect their name against fashion companies that are functioning in different markets. The ruling was concluded owing to Thomas Pink suing Victoria’s Secret with trademark infringement.

Thomas Pink, the luxury shirtmaker store on London’s Jermyn Street began legal proceedings last year against America’s biggest lingerie retailer, Victoria’s Secret, claiming that they have infringed their trademark titled “Pink". Victoria’s Secret launched a ladies fashion brand called “Pink” and set up shop on London's Bond Street and in Westfield shopping centres. While Victoria’s Secret’s Pink has stand-alone Pink stores in the US, in the UK these have only appeared as shops within Victoria's Secret boutiques.

The British retailer asserted that several customers had come to their store to return or buy Victoria’s Secret merchandise only to be disappointed to find that the shirtmaker did not stock lingerie. The judge ruled that the Victoria’s Secret’s usage of “Pink” on their merchandise and on its stores was a trademark infringement of the Thomas Pink’s registered trademark rights and can cause reputable damage to Thomas Pink’s image.

This case brings under scrutiny the issue of same names being used in different sectors. Chanel had previously sued an Indiana salon owner, Gabrielle Bonheur Chanel, for trademark infringement of using “Chanel’s Salon” as her salon name.