Trade mark infringment and Victoria Secret

Thomas Pink claim that Victoria’s PINK line, which was launched in 2001, and which has been hugely successful, (the products have yielded more than $6 billion in sales through 2012), is confusingly similar and is an infringement under the Trade Marks Act 1994, of their trade mark Pink.

In May this year, Thomas Pink filed an infringement action with the UK Patents County Court against Victoria’s Secret. The case is still ongoing.

Victoria’s Secret worried about the global nature of the infringment no doubt has filed a declaratory summons seeking judgment against Thomas Pink in U.S. District Court in Ohio. It is seeking a preliminary judgment which will recognise both parties right to co exist “to continue the peaceful coexistence that has been in place for many years” and avoid the “imminent risk a suit on the same grounds in the U.S.”

In the UK much will depend on how a court assesses the likelihood of confusion. The marks are very similar, same class of goods ie class 25 but different products (probably) but will a consumer be confused between the two?

My view is trade mark infringement, Judgement for the Claimant!

Deborah Ammaturo.

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