A London judge declared Victoria’s Secret’s PINK brand and apparel chain confusing to customers of LVMH-owned shirting retailer Thomas Pink, reports Bloomberg.The UK-based luxury apparel retailer entered a trademark dispute with the lingerie mega brand after the shirtmaker declared the mutual use of the name “pink” too similar. Judge Colin Birss said Victoria’s Secret’s usage of the name PINK for “sexy, mass-market appeal” infringes trademark rights and notes, “For example consumers are likely to enter one of the claimant’s shops looking for lingerie and be surprised and disappointed when they find they have made a mistake.”
Thomas Pink claimed “several customers had tried to return Victoria’s Secrets good in its stores and that some had asked to buy Pink goods, only to be surprised to learn that the shirtmaker did not stock lingerie,” reports the Telegraph. Both retailers feature signage that stylizes the name “PINK” in all capital letters and serif fonts.
Victoria’s Secret’s argument against the claim stated that they targeted a different demographic who would not also shop at Thomas Pink stores. Which is fair, we suppose. But as the company is set to increase apparel production in the denim and athletic attire categories, according to Business of Fashion, and already sells clothing-like items such as this “Bling Muscle Tank,” we can’t really heed their argument.